The Department of State ("DOS") has announced, in its April 2009 Visa Bulletin, retrogression in the immigrant visa cut-off dates for employment-based third preference (EB-3) categories for applicants born in Mexico and the Philippines. The cut-off dates for the EB-3 Worldwide (applicants born in all other countries except China, India, Mexico and the Philippines) category also experienced significant retrogression. The Department of State indicates that the new cut-off dates are effective immediately. For all employment-based second preference (EB-2) categories, the cut-off dates will remain unchanged from the March 2009 visa bulletin.
According to the Department of State, it has retrogressed cut-off dates in an effort to reduce visa demand and to keep the demand within the average monthly usage targets for the remainder of the year. The DOS further notes that further retrogression or "unavailability" of visa numbers cannot be ruled out in the upcoming months. However, if cut-off dates continue to retrogress or become "unavailable," the DOS indicates that this would likely be temporary, until the start of the new fiscal year on October 1, 2009.
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 April 2009. 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: | February 15, 2005 (no change) | |
| EB-2 India: | February 15, 2004 (no change) | |
| EB-3 Worldwide (excluding China, India, Mexico and the Philippines): | March 1, 2003 (backward movement of 2 years and 2 months) | |
| EB-3 China: | March 1, 2003 (forward movement of 18 weeks) | |
| EB-3 India: | November 1, 2001 (forward movement of 2 weeks) | |
| EB-3 Mexico: | March 1, 2003 (backward movement of 5 and a half months) | |
| EB-3 Philippines: | March 1, 2003 (backward movement of 2 years and 2 months) |
We will provide further information as soon as it becomes available.
The full May 2009 Visa Bulletin is available at the link below:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
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