by Chris Musillo

In AILA’s latest “Check-in with Charlie” Department of State’s Charlie Oppenheim explains that the Philippine retrogression is being caused by “heavy demand”. He says that other categories such as Worldwide EB-2 and Other Worker EB-3 are also in great demand.

Because of this demand he does not expect that the Philippine EB-3 date will move forward at any time in Fiscal Year 2015 (Oct 1, 2014 – Sept 30, 2015). The date may even cut-off this summer. Charlie's phrase is "further corrective action".

There remains optimism that there will be a progression of Philippine EB-3 dates with FY 2016, which begins October 1, 2015. From 2008-2014, barely any Philippine EB-3 visa applications were filed, mainly because of the recessed US economy. It therefore stands to reason that any jump in dates that reaches 2008, will progress forward to 2014.

Accordingly, MU Law expects that the Philippine EB-3 number will return to 2014 before the end of this year. However if Philippine EB-3 demand continues the Philippine EB-3 number may eventually retrogress negatively, although it is too early to specifically estimate Visa Bulletin dates in calendar year 2016.

One note of interest from a recent DC Circuit case, Xie v. Kerry. The DC Circuit told the DOS to clarify how it applies the Visa Bulletin. The outcome of this remanded case could conceivably alter the way that the Visa Bulletin is compiled.

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