NewsFlash! DOS Visa Bulletin Includes New Schedule A Category
Posted Jun 07, 2005
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As mentioned in our May 20, 2005, MurthyBulletin article, Visa Bulletin to Reflect New Schedule A Category, recent changes in the law have provided specifically-designated visa numbers for Schedule A green card cases. This change in the law is now reflected in the U.S. Department of State (DOS) Visa Bulletin. [The latest version of the Visa Bulletin is always available on MurthyDotCom.] There is now a specific Schedule A category. As of the June 2005 Visa Bulletin, this category reflects visa numbers are available (noted as "C" for current), for such cases regardless of the country of origin of the beneficiary.
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What Does this Mean for a Schedule A Professional?
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Schedule A includes nurses and physical therapists. The "C" on the DOS Visa Bulletin means all properly qualified nurses and physical therapists are now eligible to file the I-485, Application for Adjustment of Status, based on pending I-140s filed by employers / sponsors, or concurrently with such filings. Nurses and Physical Therapists outside of the U.S. may now move forward to consular processing for their immigrant visas, based on the approved I-140 petitions by their prospective employers. Until this change, individuals from India, mainland China, and the Philippines were not able to move forward with their cases due to the unavailability of visa numbers in the EB3 category.
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What will Happen to Worldwide EB2/EB3 and Other Categories?
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With the new addition of the Schedule A category to the June 2005 Visa Bulletin, it will be necessary to wait until the July 2005 Visa Bulletin to see if this Schedule A category has any immediate impact on the availability of EB3 worldwide visa numbers, generally. Improvement is fairly unlikely, however, as the Visa Bulletin recorded telephone message indicates that, for the remainder of Fiscal Year 2005, visa numbers for EB2 and EB3 cannot be taken for granted. The DOS recording advises that the quantity of visa numbers available in these employment-based categories will be extremely limited during the final quarter of the fiscal year, July through September 2005.


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