Global Migration and Executive Transfers

Legal Alert
United States
Baker & McKenzie

October 15, 2008

For more information

C. Matthew Schulz
650 856 5528
matthew.schulz@bakernet.com

Mechal Perl

650 856 5584

mechal.perl@bakernet.com

 

Quick Links
November 2008 Visa Bulletin



Employment-based Immigrant Visa Availability Continues

- Forward Movement Faster Than Expected -

in November

C. Matthew Schulz

650.856.5528

matthew.schulz@bakernet.com

 

The November 2008 Visa Bulletin has been released the US Department of State.  Immigrant visas continue to be available in November in all of the employment-based immigrant visa classifications regardless of place of birth, with the exception of certain religious worker cases that are unavailable until Congress extends the law authorizing that benefit.  The dates have otherwise moved forward in all of the categories, including EB2 for China and India, and EB3 for everyone.  That being said, there are repeated warnings that the government will process close to the employment-based annual limit again in this fiscal year.

 

November 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 01JUN04 01JUN03 C C
3rd 01MAY05 01FEB02 01OCT01 01SEP02 01MAY05
Other
Workers
15JAN03 15JAN03 15JAN03 15JAN03 15JAN03
4th C C C C C
Certain Religious Workers U U U U U
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.  The changes are a net gain for US employers and the foreign nationals they sponsor to immigrate. Immigrant visas for professionals with advanced degrees (e.g., MS, PhD) born in China and India see the dates advancing by about six months in the last month in the EB2 category.  Professionals and skilled workers in the EB3 category will be pleased to see these visas continue to be available, although the forward movement was only four months for most countries, but substantially more for China and India.  This essentially brings the dates within about a year of the best dates reached in the last fiscal year.

The complete text of the latest Visa Bulletin is available at the quick link listed above.

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