Visa Bulletin : March 2006
Posted Feb 17, 2006
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As MurthyDotCom visitors were informed in our NewsFlash posted February 10, 2006, the U.S. Department of State (DOS) released the Visa Bulletin for March 2006. [As always, the most recent Visa Bulletin is always available on MurthyDotCom.] Once again, there is forward movement in all of the retrogressed categories, except that of EB3, Other Workers. The cutoff dates listed in the March 2006 Visa Bulletin become available as of March 1, 2006. All of the categories that did not have cutoff dates continue to be "current." Even with the forward movement, which in some cases continues to be substantial, the cutoff dates remain quite far back because they had retrogressed significantly when the initial cutoff dates were established. For an explanation of the dates and what the forward movement means, please see our February 3, 2006 article, DOS Provides Insight on Visa Availability - Jan 2006 Update, available on MurthyDotCom.
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Future Predictions of Cutoff Dates
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According to the Visa Bulletin, demand for visa numbers has been lower than anticipated, and, as a result, the DOS has been able to move the cutoff dates forward over the past few months. They are trying to avoid a surplus of available numbers at the end of the Fiscal Year (FY), that cannot be used. The DOS warns that the rate of forward movement may not continue at its present pace. They cannot predict, however, how soon the anticipated demand from the USCIS will become a factor. They note that, in categories such as the EB3 "other workers," the cutoff dates could retrogress further if there is a significant increase in demand for visa numbers. The DOS does not expect this to happen in the immediate future, but they recognize that it remains a possibility. According to the DOS, there usually is a period of no movement in the cutoff dates before a retrogression.
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EB1
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As with the February 2006 Visa Bulletin, only cases chargeable to mainland China (China) and India have cutoff dates. China's Employment-Based First Preference (EB1) cutoff date moved ahead by six months, to July 1, 2003. India's EB1 priority date moved ahead by five months to July 1, 2004. Thus, both India and China continue to have significant forward movement in EB1.
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EB2
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Since there is no new category with cutoff dates, the Employment-Based Second Preference (EB2) category also remains current for all countries of chargeability, except China and India. Both India and China had forward movement. The cutoff date for India for March is January 1, 2002, which is a five-month jump forward. China moved ahead by three months to July 1, 2002.
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EB3
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The Employment-Based Third Preference (EB3) category continues to be backlogged for all countries of chargeability (except for Schedule A cases). Once again, the most significant forward movement in EB3 was for cases chargeable to India. The cutoff date moved forward by a year, to January 1, 2001. Mexico moved forward a few days to March 22, 2001. The Philippines and the rest of the world are at May 1, 2001, which moves them beyond the 245(i) cutoff date (April 30, 2001).
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Schedule A Workers
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Schedule A Worker cases continue to remain current. Schedule A workers refer to certain health care professionals like nurses and physical therapists.
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Other Workers
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The "Other Worker" category did not move forward, and remains at October 1, 2001. These are semi-skilled and unskilled positions that require less than two years' training / experience.
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Conclusion
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The continuing forward movement of the visa cutoff dates is certainly welcome news. As noted, however, for everyone in EB3, and Indian and Chinese nationals in EB2, the priority dates are still substantially retrogressed. Legislative change is needed to address this situation. Moreover, the only reason that the movement is occurring is that the demand for the visa numbers is lower than anticipated. This is due, most likely, to the slow rate of processing cases by the U.S. Department of Labor's Backlog Processing Centers (BPCs). There are many cases awaiting review at the BPCs. The number of cases adjudicated remains small in comparison to the volume waiting for action. If and when the volume of cases being processed at the BPCs increases, there will be more demand for the visa numbers and the dates again will likely move backwards. We will continue to monitor this important immigration matter and post updated information on MurthyDotCom and in the MurthyBulletin for our readers.
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