NewsFlash! October 2005 Visa Bulletin - Widespread Retrogression
Posted Sep 13, 2005
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Earlier today, September 13, 2005, the U.S. Department of State (DOS) issued the Visa Bulletin for the month of October 2005. [The most current DOS Visa Bulletin is always available on MurthyDotCom.] The October Visa Bulletin reflects widespread retrogression in all of the employment-based (EB) categories. Those MurthyBulletin and MurthyDotCom readers who are unfamiliar with retrogression should read the explanations of this topic available on MurthyDotCom. It is vital to understand the concept of retrogression, as it has an enormous impact on the green card process and long-term immigration strategy.
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Impact of the Oct 2005 Visa Bulletin
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The October Visa Bulletin does not apply until October 1, 2005. The September Visa Bulletin is in effect until the end of September 2005. Therefore, those persons in EB1 and EB2 who are eligible to file their I-485s, Applications for Adjustment of Status, need to do so before October 1, 2005. (The cases have to reach the USCIS on or before September 30, 2005.) Otherwise, the cases will need to wait until visa numbers become available for the particular priority dates of the individuals of the particular nationalities once again. Persons who will still remain eligible in October 2005 do not need to worry about this. Eligibility to file the I-485 is quite limited in October 2005, as explained below, particularly for nationals of India and mainland China.
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EB3 Skilled / Professional Workers
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For EB3 skilled / professional workers, if there is a silver lining to this dark cloud, it is that the visa numbers are no longer "unavailable." However, the cutoff dates are established so far back in time that, for many, the numbers may as well be unavailable.
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For nationals from India, the cutoff date in EB3 is January 1, 1998. In order to file for adjustment of status to permanent residence or to complete a consular processing case to obtain the immigrant visa, that person's priority date must be before January 1, 1998. Nationals of mainland China have a cutoff date in EB3 of May 1, 2000. Mexico and the Philippines have cutoff dates of January 1, 2001 and March 1, 2001, respectively.
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The rest of the world also has a cutoff date that is in the distant past, with a date of March 1, 2001. So, most people are in largely the same situation and will have an extended wait before they are able to file their I-485s to obtain permanent residence.
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EB2 Professionals
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Cutoff dates were established in the Employment-Based, 2^nd Preference category (EB2) for nationals of India and mainland China. As regular MurthyDotCom and MurthyBulletin readers know, EB2 is for professionals where the job requires at least an advanced degree or its equivalent or those where the job requires at the minimum a bachelor’s degree and at least five years of work experience. For nationals of India, the EB2 cutoff date of November 1, 1999, is not much better than for EB3. For persons from mainland China, the cutoff date of May 1, 2000, is the same for both the EB2 and the EB3.
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For nationals from other countries, the visa dates are still listed as "current" for the time being. This means that there are enough visa numbers available for persons from the rest of the world in EB2 for the month of October 2005.
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EB1 Priority Workers
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EB1 is for the Employment-Based, First Preference category (EB1), like intra-company executives / managers, outstanding professors / researchers, or persons of extraordinary ability. Even the EB1 has cutoff dates for nationals of mainland China and India. These, too, have been significantly impacted by the high levels of demand for visa numbers. In EB1, the cutoff date for India is August 1, 2002. For mainland China it is January 1, 2000. The dates are current for nationals from all other countries.
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What Can I Expect in the Future?
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The Visa Bulletin indicated that forward movement of the dates is likely to be limited at least for the remainder of this calendar year, 2005. In a more detailed discussion with The Law Office of Sheela Murthy this morning, the senior official in charge at the DOS advised us that the plan is to hold the visa dates where they are for the month of November 2005. They do not anticipate making changes for November 2005, unless the data they received from the USCIS is in error regarding the number of pending I-140 filings that were ready for approval, as well as other information that goes into establishing cutoff dates.
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Conclusion
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The cutoff dates are based upon estimates of demand for the limited supply of visa numbers. This demand, in turn, is fueled by case filings and processing times at the USCIS and the Department of Labor. The approvals from the Department of Labor have started to increase, because they are coming from two sources. That is, PERM labor certifications are being approved and pre-PERM cases in the backlog centers are also being approved. Additionally, since EB3 numbers have been unavailable for three months, many of those cases pending with USCIS now have approved I-140s and would be eligible for I-485 approval / filing if the visa numbers were available. Thus, the DOS established cutoff dates so far back. We at The Law Office of Sheela Murthy hope and believe that by early 2006 there should be some movement in the dates depending on the usage or demand for visa numbers.
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As always, we will keep MurthyDotCom and MurthyBulletin readers apprised of the latest changes so that you may plan your immigration future with our help!