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Oversea Studies and Immigration
May 2012 Employment Based Visa Bulletin
Wednesday,  Dec,  31,  1969;    Posted:  4:00  p.m.  EDT  (16:00  GMT)
The Department of State released the latest visa bulletin for May 2012 on April 6, 2012.

As our former article mentioned, Mr. Oppenheim, from the Visa Office of the Department of State predicted that the EB-2 cut-off dates would
retrogress in May. Please check http://www.hooyou.com/news/news031712eb2.html for more information.

For the month of
May 2012, the EB-1 category was still current for nationals all over the world. In EB-2 category, matched with the prediction, the cut-off dates moved backward to August 15, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from March 1, 2005 to April 1, 2005 for Chinese Mainland nationals while the cut-off dates moved forward from September 1, 2002 to September 8, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, the visa number now is still current world wide even though more people are submitting their applications.

Again, before you start the application process, it is imperative that you consult with a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. In essence, the USCIS memo breaks the EB-1 evaluation process up into two parts: 1) Evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant’s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor.

Although the cut-off date for EB-2
retrogressed, we still recommend that you file your NIW petition as soon as possible if you are qualified for a NIW. In doing so, you would also have an earlier priority date. In fact, we always encourage our clients to file a NIW petition if they are qualified. For the year of 2008, our firm received 402 NIW approvals. For the year of 2009, our firm received 430 NIW approvals. For the year of 2010, our firm received 223 NIW approvals. For the year of 2011, our firm received 286 NIW approvals. From January to March 2012, our firm received 56 NIW approvals. Furthermore, from January to March 2012, our firm also received 69 EB-1 approvals.

If you are interested in filing a NIW but not sure if you are qualified, please contact Attorney Jerry Zhang at
info@hooyou.com. He will provide you with a free evaluation.