Report on December 2006 Visa Bulletin Posted Nov 17, 2006 ©MurthyDotCom The U.S. Department of State (DOS) has issued the December 2006 Visa Bulletin. There was slow movement among the dates for the employment-based (EB) categories. All the categories that were previously "current" remained current (C). All but one category with cutoff dates either remained stagnant or inched forward slightly. The one exception was the EB3 "other worker" category. The most significant change is that Schedule A is now "unavailable" (U). This was expected, as reported in earlier editions of the MurthyBulletin. There is also a new category for Iraqi and Afghani translators. The cutoff dates in the December Visa Bulletin will be effective as of December 1, 2006. [The most recent DOS Visa Bulletin cutoff dates are always available on MurthyDotCom and, now, also via RSS feed. Use a news reader to subscribe, download, and display this RSS feed; or simply use Explorer 7, which is also capable.] ©MurthyDotCom Employment-Based First Preference ©MurthyDotCom The EB1 category remains current for all countries of chargeability. EB1 contains the subcategories of persons of Extraordinary Ability, Outstanding Professors / Researchers, and Multinational Executive Transferees. ©MurthyDotCom Employment-Based Second Preference ©MurthyDotCom As before, China and India have cutoff dates in the EB2 category, while all other countries of chargeability remain current. The cutoff date for persons from mainland China moved forward by a few days, to April 22, 2005. For those charged against India, the cutoff date also moved forward by only a few days, to January 8, 2003. ©MurthyDotCom Employment-Based Third Preference ©MurthyDotCom The cutoff dates for India and Mexico in EB3 did not move at all. India's EB3 cutoff date remained at April 22, 2001. Mexico's date is still May 8, 2001. For nationals of all other countries, including worldwide, China, and the Philippines, the dates moved by one month, to August 1, 2002. ©MurthyDotCom Other Worker Category ©MurthyDotCom The EB3 "Other Worker" category jumped forward by five months, to October 1, 2001. This is good news for the unskilled workers! ©MurthyDotCom Schedule A Workers ©MurthyDotCom The Schedule A category for registered nurses and physical therapists, is listed as "unavailable." This means that, as expected, the 50,000 visas allocated to this category will be depleted by December 1, 2006. After December, there no longer will be a separate category in the Visa Bulletin for Schedule A without the passage of new legislation, since it will become a part of the EB3 category. ©MurthyDotCom It should be noted that this does not mean Schedule A itself has been eliminated. Schedule A cases primarily fit within EB3. They were temporarily eligible for a special allocation of 50,000 immigrant visa numbers. With those numbers now depleted, the Schedule A cases return to being simply part of EB3. This creates significant immigration problems for nursing professionals and physical therapists. It is possible for successful lobbying efforts to provide some legislative relief, but there will be no improvement to this situation short of a change in the law. ©MurthyDotCom New Category : Translators ©MurthyDotCom A law enacted in 2006 established a new classification for Iraqi or Afghani nationals who have worked with the U.S. Armed Forces as translators for at least 12 months. The total number of principal foreign nationals who may receive this special immigrant status is limited to 50 per fiscal year. This category fits within the EB4 (special immigrant) category. The quota has been exhausted and there is a cutoff date established in this sub-category of EB4. ©MurthyDotCom Future Trends ©MurthyDotCom The Visa Bulletin did not offer any predictions for the future. At the Murthy Law Firm, we continue to advise those who are eligible to file for adjustment of status to do so as early as they are able. The DOS stated earlier that some of the categories could stop moving forward, or retrogress even further backward. The slight movement of cutoff dates clearly reflects a high demand for the limited immigrant visa numbers, which is likely to continue based on current usage and trends. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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