The Department of State ("DOS") has issued its May 2009 Visa Bulletin, announcing the unavailability of immigrant visas for all countries in the employment-based third preference (EB-3) category. For all employment-based second preference (EB-2) categories, the cut-off dates will remain unchanged from the April 2009 visa bulletin.
In its April 2009 visa bulletin, the DOS retrogressed the cut-off dates for the EB-3 categories in an effort to reduce the demand and bring it within the average monthly usage targets and overall annual numerical limits for these categories. Despite these efforts, the demand for EB-3 immigrant visas remained high and the DOS has exhausted the annual limits for the EB-3 categories. As such, the DOS has indicated that the new cut-off dates are effective immediately. Visa availability in the EB-3 categories will resume in October 2009, the first month of the new fiscal year.
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 May 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): | Unavailable | |
| EB-3 China: | Unavailable | |
| EB-3 India: | Unavailable | |
| EB-3 Mexico: | Unavailable | |
| EB-3 Philippines: | Unavailable |
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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