The January 2008 Visa Bulletin yielded the expected mixed results this month for the availability of immigrant visas, including employment-based ("EB") classifications. While the third-preference category (EB-3) moved forward incrementally in all countries except Mexico and India, the second-preference category (EB-2) underwent considerable retrogression for those chargeable[1] to India, whose wait times will now be appreciably extended. On the positive end, however, the coveted diversity visa numbers, which exist outside the traditional distinctions of employment- or family-based, have shown encouraging forward movement.
It is important to note that the cut-off dates[2] listed below are subject to a great degree of flux due to the constantly shifting nature of the visa allocation process. This process is monitored and reported monthly by the Department of State (DOS) through the Visa Bulletin, which is published in the middle of the month and effective at the start of the next month. At the beginning of the fiscal year, DOS typically estimates visa availability generously as it tests visa usage in all categories. As anticipated visa usage data is collected from the Consulates abroad and from U.S. Citizenship and Immigration Services, the cut-off dates may retrogress in high-demand areas to preserve the quotas and proportions set by Congress. While the dates themselves do not remain constant, there is a discernible pattern to their ebb and flow that follows the fiscal year. The movement of this January's Visa Bulletin numbers reflects this trend. While predictions are difficult to make with any real certainty, prior years seem to indicate that there will be steady progress in the coming months. As always, we will continue to monitor developments and keep you readily advised on any meaningful changes.
If your case has been affected, and your category is no longer current, you will still be able to file an Immigrant Petition (I-140), if you have not already done so; however, you will have to wait for your category to become current, meaning that your priority date falls before the cut-off date, to progress to the final phase of the EB residency process, the Adjustment of Status (I-485). It is important to note H-1B nonimmigrants may be able to extend their work authorized status beyond the six year maximum allowable stay if they are far enough along in the residency process. If you have already filed an Adjustment of Status application you should know that while administrative processing will continue, USCIS cannot approve your case if your priority date is not current. Please contact us if you have specific questions about this issue.
Employment- Based Immigration
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EB-1 The first-preference category (EB-1) for aliens of extraordinary ability (EB-1A), outstanding researchers and scholars (EB-1B), and multinational managers and executives (EB-1C) is current across all categories, meaning that immigrant visa applicants can immediately file the I-140 Immigrant Petition Form and the I-485 Adjustment of Status Form.
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EB-2 The second preference quota (EB-2) for advanced degree holders and aliens of exceptional ability remains current for the worldwide category. However, the Indian EB-2 faces a significant increase in waiting times as the cut-off date has retrogressed from January 1, 2002 to January 1, 2000. As the high demand for Indian EB-2s continues to exceed availability, this visa category warrants close monitoring. The DOS advises that there is a strong likelihood it will reach the annual limit in the next few months and become unavailable for the rest of the fiscal year. Indian EB-2s who currently have a priority date[3] of December 31, 1999 or earlier should file their Adjustment of Status applications as soon as possible. Chinese EBs have no change in their expected wait, as the cut-off date remains at January 1, 2003.
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EB- 3 The EB-3 category while still experiencing a quota backlog, has inched forward for all countries with the exception of India and Mexico which have remained stationary. This classification applies to candidates who have been sponsored for a U.S. position that requires a Bachelor's degree or a minimum two years training or experience,
The cut-off dates for each area are listed below:
Worldwide: October 15, 2002
China: November 1, 2001
India: May 1, 2001
Mexico: April 22, 2001
Philippines: October 15, 2002
Diversity Visas
The Diversity Visa is an immigration option administered by the Department of State for immigration candidates from countries with low rates of immigration, which is operated on a computer-generated lottery system. The fifty thousand visas divided by geographic region are available for those applicants who have been issued lottery rank numbers below the cut-off numbers listed below. Currently, the numbers are as follows for January:
Africa: 13,100
Except for:
Egypt: 11,000
Ethiopia: 8,600
Nigeria: 7,200
Asia: 6,100
North America (Bahamas): 3
Oceania: 775
South America and the Caribbean: 1,075
We remain available to help you with any diversity-visa related issues or questions. The current State Department Visa Bulletin can be found at the following address:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html
[1] Chargeability is the means by which DOS classifies visa applicants and is determined by country of birth. It is important to note that an applicant's spouse's country of birth may be used to determine chargeability. This is called cross-chargeability. An applicant's child's country of birth cannot be used to determine chargeability, however.
[2] The cut-off date is the date listed by DOS in the Visa Bulletin that indicates the latest priority date currently eligible for immigrant processing. Please note that if the cut-off date is January 1, 2000, the last eligible priority date is December 31, 1999.
[3] The priority date determines the immigrant candidate's place in line for an available visa. For visa categories that require a labor certification, priority dates refer to the date that the labor certification is filed with the Department of Labor or, for those whose visa category does not require a labor certification, the date USCIS receives the Immigrant Petition.