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Visa Bulletin for April 2009
Posted Mar 13, 2009
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The U.S. Department of State (DOS) issued the Visa Bulletin for April 2009, in which it announced EB3 retrogression for all countries of chargeability, except India and China. The EB2 cutoff dates for India and China are unchanged. The retrogression is due to high demand for immigrant visa numbers and, particularly, a large number of cases with older priority dates. The cutoff date was retrogressed in an effort to reduce demand in order to remain within allowable limits for fiscal year (FY) 2009. The most recent DOS Visa Bulletin chart is always available on MurthyDotCom.
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Summary of the April 2009 Visa Bulletin
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Employment-Based, First Preference (EB1)
This category is current for all countries of chargeability.
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Employment-Based, Second Preference (EB2)
This category continues to be current for all countries, except India and China. The cutoff dates for India and China did not change from the prior month. The cutoff date for India remains as February 15, 2004. China's cutoff date is still February 15, 2005. 
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Employment-Based, Third Preference (EB3)
This category suffered retrogression for all countries, except India and China. India moved forward slightly, to November 1, 2001. China moved by five months, to March 1, 2003. The cutoff date for "All Chargeability Areas Except Those Listed," as well as for the Philippines, moved backward by more than two years, to March 1, 2003. Mexico's cutoff date is also March 1, 2003.

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The very limited EB3 "other worker" category retrogressed to March 1, 2001 for all countries.
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Explanation
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The April 2009 Visa Bulletin explains that the demand for visa numbers for Adjustment of Status cases from USCIS is extremely high. Thus, the EB3 dates have had to be retrogressed in order to stem the demand and keep the usage of numbers within the permitted annual limit set by Congress. The Visa Bulletin notes that over 60 percent of the visa number demand for visas in EB3 worldwide and the Philippines has come from cases with priority dates before January 1, 2004. Thus, it has been necessary to retrogress the cutoff date significantly to limit the field of adjustment-eligible cases. There is a possibility of further retrogression, or even unavailability, in future months.



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Posted Mar 13, 2009