The Department of State ("DOS") has issued its February 2008 Visa Bulletin. Due to the continued high demand in the EB-2 category for India, this category is now "unavailable." The DOS is projecting that the annual limit for the EB-2 India category has been reached for the remainder of the fiscal year, which ends on September 30, 2008. The Bulletin reflects little change for the EB-3 India category, with a cut-off date moving forward 7 days for the month of February. All the EB-3 categories experienced some forward movement, except for the EB-3 Mexico category, which remains unchanged since the January 2008 Visa Bulletin.

Qualified foreign nationals with priority dates earlier than the cut-off dates below, or where noted as "current", may file for an adjustment of status application in the month of February 2008. They may also be approved for an immigrant visa abroad:

EB-1 Worldwide:	Current
EB-2 Worldwide (excluding China and India):	Current
EB-2 China	January 1, 2003 (no movement)
EB-2 India	Unavailable
EB-3 Worldwide (excluding China, India, Mexico and the Philippines):	November 1, 2002 (forward movement of two weeks)
EB-3 China:	November 15, 2001 (forward movement of two weeks)
EB-3 India:	May 8, 2001 (forward movement of one week)
EB-3 Mexico:	April 22, 2001 (no movement)
EB-3 Philippines:	November 1, 2002 (forward movement of two weeks)

How This Affects You

At this time, persons subject to the EB-2 India quota may not apply for adjustment of status or pursue an immigrant visa application abroad. Adjustment of status applications and immigrant visa applications that are currently pending and are subject to the EB-2 India quota will also not be approved. The Department of State's Visa Office is projecting that EB-2 India will remain unavailable for the remainder of the fiscal year, until
October 1, 2008. We will advise our clients if the availability changes.

The full February 2008 Visa Bulletin is available at the link below:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html

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