Global Migration and Executive Transfers

Legal Alert
United States
Baker & McKenzie

July 14, 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
August 2008 Visa Bulletin



Immigrant Quota for Professionals Worldwide 

Continued Unavailability in August

C. Matthew Schulz

650.856.5528

matthew.schulz@bakernet.com

 

As predicted last month, the August Visa Bulletin has been released the US Department of State and reports that immigrant visas will continue to be unavailable in August in the employment-based immigrant visa classification for professionals and skilled workers (EB3), regardless of place of birth.  There is continued availability of immigrant visas for professionals with advanced degrees (EB2) in all countries, and the availability dates for individuals born in India and China advanced to June 1, 2006.  As first stated in the June Alert, the employment-based, third preference category is expected to remain unavailable from to the end of the fiscal year - September 2008.  Here is the relevant excerpt:

 

August 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 01JUN06  01JUN06 C C
3rd U U U U
Other
Workers
U U U U U
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 are essentially unchanged from the last Visa Bulletin for the employment-based immigrant visa classifications.  Further, there is continued good news for people born in India and China in the employment-based second preference classification, which remains available, and the waiting period advanced significantly.  Watch for possible retrogression in upcoming months.  Further, the State Department expects no forward movement in this category until October 2008, when next fiscal year's quota becomes available.   

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

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