Visa Bulletin Issued for January 2006
Posted Dec 16, 2005
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The U.S. Department of State (DOS) has released the Visa Bulletin for January 2006. Note that the most recent Visa Bulletin is always available on MurthyDotCom. Following is a summary of the movement in priority dates, for the benefit of MurthyDotCom and MurthyBulletin readers.
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EB1
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In the Employment-Based First Preference (EB1) category, all countries except mainland China (China) and India remain current. China's priority date moved ahead to January 1, 2002, and India's priority date moved ahead to July 1, 2003. This means that persons in the EB1 category who filed their I-140 petitions prior to these dates may, as of January 1, 2006, file the I-485 application, be approved through consular processing, or receive an approval of their previously filed I-485 applications. This represents a fairly significant forward movement in this category for both China and India, when compared to the December 2005 Visa Bulletin.
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EB2
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In the Employment-Based Second Preference (EB2) category, all countries except China and India also remain current. China's priority date moved ahead to June 1, 2001, which is a four month improvement over the December 2005 Visa Bulletin. India's EB2 priority date moved ahead to January 1, 2001, which is a six-month forward movement.
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It is a good sign for China that they have moved past April 30, 2001, which was the 245(i) cutoff date. There are many cases filed around that time. It is unknown how long it will take for the numbers for Indian nationals to reach that point.
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Persons who are beneficiaries of an approved labor certification that qualifies under EB2, and for which the priority date is before the cutoff date, may now move forward with their cases. If they already have an I-485 filed, it would be eligible for approval as of January 1, 2006. If the employer has filed or is ready to file the I-140, then the I-485 application could also be filed. If the I-140 selected consular processing, the case would then be eligible to be approved through consular processing as of January 1, 2006. The same is true for individuals with National Interest Waiver petitions who have priority dates prior to the newly established cutoff dates.
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EB3
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In the Employment-Based Third Preference (EB3) category, all countries are affected by retrogression. China's priority date moved ahead to April 1, 2001; the Philippines' priority date also moved ahead to April 1, 2001.
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India's priority date moved ahead by five months to June 1, 1999 and Mexico's priority date moved ahead to March 1, 2001. Individuals who are beneficiaries of labor certifications filed before these dates, who either have I-140 petitions pending, approved, or eligible for filing, may now file the I-485 application. Those who have approved I-140s with priority dates prior to the cutoff dates, may, as of January 1, 2006, be approved through consular processing or receive an approval of their already pending I-485 applications.
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Schedule A Workers
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Schedule A Workers remain current. They may file their I-485s or obtain the I-485 approvals, if their cases have already been filed.
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Other Workers
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Other Workers is the category of unskilled workers and includes persons with fewer than 2 years of experience in the job offered. This category moved ahead to April 1, 2001. The same rules apply with respect to filing the I-485 adjustment of status application, obtaining approval of an I-485, or obtaining an immigrant visa at the consulate, as mentioned above.
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Conclusion
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It is a good sign that the dates have moved ahead. They still remain substantially retrogressed, however. It is likely that, absent legislation that would change the system and/or allocate more numbers, most of the dates that have reached April 2001 will now move ahead slowly. These dates will likely not change until the great number of qualifying cases filed prior to the April 30, 2001 deadline completes the green card process. Look to MurthyDotCom and the MurthyBulletin to monitor this important immigration matter for your benefit.