The Department of State ("DOS") issued its October 2008 Visa Bulletin, the first visa bulletin for fiscal year 2009, announcing significant backward movement (retrogression) of cut-off dates for the employment-based second preference ("EB-2") category for persons born in China and India. The cut-off dates for EB-2 China and India for October 2008 are April 1, 2004 and April 1, 2003, respectively, a retrogression of of over two years (China) and over three years (India) from the cut-off dates posted for the month of September 2008. Availability for the employment-based third preference ("EB-3") categories have reopened for the month of October 2008, after remaining "unavailable" throughout July, August and September 2008.
Based upon the United States Citizenship and Immigration Services' ("USCIS") estimates of high demand for visa numbers, the DOS stated that many of the cut-off dates for the month of October 2008 are earlier than those applied during the fiscal year 2008 (October 1, 2007 to September 30, 2008). The DOS does not anticipate significant forward movement, if any, of the cut-off dates until the USCIS backlog of cases with old priority dates can be determined.
Foreign nationals with priority dates earlier than the cut-off dates below, or where noted as "current", may file, or be approved, for an adjustment of status application in the month of October 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: | April 1, 2004 (retrogression of 2 years, 4 months) |
|
| EB-2 India: | April 1, 2003 (retrogression of 3 years, 4 months) |
|
| EB-3 Worldwide (excluding China, India, Mexico and the Philippines): | January 1, 2005 (previously unavailable) | |
| EB-3 China: | October 1, 2001 (previously unavailable) | |
| EB-3 India: | July 1, 2001 (previously unavailable) | |
| EB-3 Mexico: | July 1, 2002 (previously unavailable) | |
| EB-3 Philippines: | January 1, 2005 (previously unavailable) |
We will provide further information as soon as it becomes available.
The full October 2008 Visa Bulletin is available at the link below:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html.
Business Immigration Alerts Mailing List
If you
wish to be added to this mailing list, please send an email to bizimmalert@mgplc.com.
If
you would like to be removed from this mailing list, please send an email
to unsubscribe@mgplc.com
with "Remove" in the subject line.
