Visa Bulletin : February 2006 Posted Jan 20, 2006 ©MurthyDotCom The U.S. Department of State (DOS) has released the Visa Bulletin for February 2006. [The most recent Visa Bulletin numbers can always be found on MurthyDotCom.] The new cutoff dates listed in the February Visa Bulletin become available February 1, 2006. The Visa Bulletin reflects forward movement in the Employment-Based First (EB1), Second (EB2), and Third (EB3) preference categories with cutoff dates. The Other Worker category has also advanced. All of the categories that were previously current remain so. As explained below, even with the forward movement, which was substantial in some instances, the cutoff dates in EB3 and for nationals of India and China in EB2 continue to be retrogressed. A summary of the movement in priority date cutoffs follows. ©MurthyDotCom The Meaning of an Available Visa Number ©MurthyDotCom If a visa number in one's category becomes available, based upon the priority date, an otherwise eligible person may file the I-485, Application for Adjustment of Status, or, if the I-485 is pending, it could be approved. Alternatively, the same person could move forward to process at the U.S. consulate for the issuance of an immigrant visa. This principle holds regardless of which employment-based (EB) category is at issue. ©MurthyDotCom Predictions for the Future ©MurthyDotCom The Visa Bulletin stated that the forward movement of the cutoff dates in the past few months has been greater than anticipated. This is due to a lower demand for visa numbers by the USCIS for adjustment of status cases. This may be due to the rate at which the U.S. Department of Labor Backlog Processing Centers (BPCs) are approving their cases. (This, in turn, affects how many cases are filed at the USCIS). Our experiences with the BPCs have been that, while they are issuing approvals, the numbers represent a tiny fraction of those cases that are pending. The Visa Bulletin notes that an increased demand by the USCIS cannot be predicted. Once there is an increase in demand, however, the rate of forward movement of the priority dates will slow or stop. Those whose priority dates become available, therefore, should act to file their I-485s or proceed with their consular processing cases without delay. ©MurthyDotCom EB1 ©MurthyDotCom All countries of chargeability, except mainland China (China) and India, remain current. China's cutoff date moved ahead by a year, to January 1, 2003. India's priority date moved ahead by seven months to February 1, 2004. This represents significant forward movement in this category for both China and India. ©MurthyDotCom EB2 ©MurthyDotCom In the EB2 category, all countries of chargeability except China and India remain current. The cutoff date for China moved ahead by ten months, to April 1, 2002. India's EB2 cutoff date moved ahead by seven months, to August 1, 2001. While these dates are quite far in the past, it is a positive sign that the Indian dates moved past April 30, 2001, which was an important legal deadline. A large number of cases were filed on and immediately before that date. ©MurthyDotCom EB3 ©MurthyDotCom All countries of chargeability are impacted by retrogression in the EB3 category. There was less than a month of forward movement for the All Chargeability Areas Except Those Listed category. This category is for all countries except India, China, Mexico, and the Philippines. The All Countries category moved forward to April 22, 2001. The same is true for China and the Philippines. Mexico moved forward by a few days to March 15, 2001. ©MurthyDotCom The only country with significant forward movement in EB3 is India. India experienced forward movement of seven months. The cutoff date for India still lags behind the other countries, however, at January 1, 2000. The other countries are all at dates around the 245(i) deadline of April 30, 2001. As mentioned, the vast number of cases filed at that time is likely the reason the dates are moving so slowly for all countries except for India, which has not reached that point. ©MurthyDotCom Schedule A  and Other Worker Categories ©MurthyDotCom The priority dates for Schedule A Workers remain current. ©MurthyDotCom The category of Other Workers, which is for positions that require less than 2 years of education and/or experience, moved ahead to October 1, 2001. This means that, rather surprisingly, this category moved past the 245(i) date. It may be, however, that there are still many labor certifications in this category pending at the BPCs. If more of the BPC cases move through the system, it will create more of a demand for these numbers. Many cases were filed in this category, for essentially unskilled or semi-skilled labor prior to the 245(i) deadline. ©MurthyDotCom Conclusion ©MurthyDotCom It is a good sign that the dates have moved ahead considerably in the many EB categories. They still remain substantially retrogressed, however. It is likely that, absent legislation that would change the system and/or the number of immigrant numbers available, most of the dates that have reached April 2001 are likely to now move ahead very slowly. This will remain until the great number of qualifying cases that were filed before the April 30, 2001 deadline complete the green card process. We at the Murthy Law Firm will continue to monitor this important immigration matter to share updates with MurthyDotCom and MurthyBulletin readers. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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