November 2008 Visa Bulletin : EB Categories Inch Forward
Posted Oct 17, 2008
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The U.S. Department of State (DOS) Visa Bulletin for November 2008 was published this week. This Visa Bulletin reflects slight forward movement in the employment-based (EB) cutoff dates. The November 2008 Visa Bulletin is the second visa bulletin in USCIS / DOS fiscal year (FY) 2009, as FY2009 began October 1, 2008. With the exception of religious workers, there is no change with regard to categories that were previously current. We remind MurthyDotCom and MurthyBulletin readers that the November 2008 Visa Bulletin is effective as of November 1, 2008. The most current visa bulletin chart is always available on MurthyDotCom.
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Summary of Visa Bulletin
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Employment-Based, First Preference (EB1)
The EB1 category is current for all countries of chargeability.
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Employment-Based, Second Preference (EB2)
This category remains current for all countries, except for India and China. The cutoff dates for both India and China moved forward slightly. India's cutoff date moved forward by two months, to June 1, 2003. The date for China also moved by two months, to June 1, 2004.
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Employment-Based, Third Preference (EB3)
This category experienced the re-establishment of cutoff dates in October 2008, after being unavailable for many months. The cutoff dates moved forward by several months in all EB3 categories. The worldwide category (for all countries except those specifically listed) as well as the Philippines, in the EB3 has a cutoff date under the November Visa Bulletin of May 1, 2005. The cutoff date for Mexico moved to September 1, 2002. EB3 for China moved forward by four months, to February 1, 2002. EB3 for India moved forward by three months, to October 1, 2001.
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The EB3 other worker category moved forward by a few weeks, to a cutoff date of January 15, 2003 for all countries. The other worker category is for unskilled laborers.
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Employment-Based, Fourth / Fifth / Religious Workers, and Targeted Employment (EB4/5)
The EB4, EB5, and the targeted employment categories are all current. 
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The Religious Worker category is unavailable.
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Explanation
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Once again, the cutoff dates are simply a reflection of demand outweighing supply. The November 2008 Visa Bulletin noted that the demand for visa numbers from the USCIS reflects that it continues to have many Adjustment of Status (I-485) cases with priority dates prior to the established cutoff dates. The processing of those cases through to approval creates the visa number demand. This ongoing demand is expected to be reflected in slow movement of the cutoff dates. Additionally, if the pattern of the demand for visa numbers by the USCIS changes (due to the rate and type of I-485 adjudications); this could be reflected in future retrogression of the cutoff dates.