Employment-based Immigrant Visas Again Available
- Retrogression in Many Categories -
in October
C. Matthew Schulz
650.856.5528
matthew.schulz@bakernet.com
The October 2008 Visa Bulletin has been released the US Department of State. Not too surprisingly, we start the new fiscal year with the report that immigrant visas are once again available in October in all of the employment-based immigrant visa classifications regardless of place of birth. That being said, the dates have moved backward in many of the traditionally heavy-use categories (i.e., EB2 for China and India, EB3 for everyone) and the prediction is for the government to process close to the employment-based annual limit again in this fiscal year.
October 2008 Visa Bulletin
| |
All
Charge-ability
Areas
Except
Those
Listed |
CHINA-
mainland born |
INDIA |
MEXICO |
PHILIPPINES |
Employment
-Based
|
|
|
|
|
|
| 1st |
C |
C |
C |
C |
C |
| 2nd |
C |
01APR04 |
01APR03 |
C |
C |
| 3rd |
01JAN05 |
01OCT01 |
01JUL01 |
01JUL02 |
01JAN05 |
Other
Workers |
01JAN03 |
01JAN03 |
01JAN03 |
01JAN03 |
01JAN03 |
| 4th |
C |
C |
C |
C |
C |
| Certain Religious Workers |
C |
C |
C |
C |
C |
| 5th |
C |
C |
C |
C |
C |
Targeted Employment Areas/
Regional Centers |
C |
C |
C |
C |
C |
Employment-based immigrants with priority dates prior to the dates shown above will be eligible to apply for permanent residence next month. Those with priority dates prior to the dates shown above who already have applications pending with the government will be eligible to be granted resident status, assuming that the government otherwise completes its processing. This Bulletin shows visa availability in all of the employment-based immigrant visas classifications, so long as the prospective immigrant has a priority date prior to the date shown above.
The dates show substantial changes from the last Visa Bulletin for the employment-based immigrant visa classifications. Most of the changes negatively impact US employers and the foreign nationals they sponsor to immigrate. Although immigrant visas continue to be available to professionals with advanced degrees (e.g., MS, PhD) born in most countries, those born in China and India see the dates retrogressing by almost 2 and 3 years, respectively, in the EB2 category. Professionals and skilled workers in the EB3 category will be pleased to see these visas are available again after being unavailable since July. Their pleasure will be diminished by the fact that these dates retrogressed in almost all categories, ranging from about 1 to 2 years.
If that is not enough to take the smile off our face, the October Visa Bulletin includes the prediction that "[l]ittle if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined." The Bulletin does not estimate when that might happen. If past years are an indicator, my own estimate is January, when the second quarter of the fiscal year starts.
The complete text of the latest Visa Bulletin is available at the quick link listed above.