NewsFlash! EB3 Visa Numbers Unavailable from July 2005: Exception Schedule A Workers
Posted Jun 14, 2005
The U.S. Department of State (DOS) July 2005 Visa Bulletin, issued June 13, 2005, reflects unavailability of visa numbers in the Employment-Based 3rd Preference (EB3) category for all countries of chargeability. This means everyone in EB3, no matter one's country of origin or priority date, is impacted by this development. The exception, where there is availability of visa numbers, is for the subcategory of Schedule A workers, which includes nurses and physical therapists. [The most current Visa Bulletin is always available on MurthyDotCom.]
What Does this Mean for Me?
This means that, starting July 1, 2005 and continuing until more visa numbers become available, it will not be possible for persons in EB-3 (other than Schedule A) to file I-485 Applications to Adjust Status to Permanent Residence or to obtain immigrant visas at the consulates abroad. Already, previously, visa numbers for nationals of mainland China, India and the Philippines were backlogged but now, these countries and the rest of the world is adversely impacted. Since there is no cut off date for July 2005, this means that even a priority date of January 3, 1990 will not help an EB3 person until a cut off date is established or the priority dates become current again for EB3 applicants.
A backlog has been expected and was explained in our May 13, 2005 NewsFlash, More Retrogression Predicted, however, unavailability was not expected so soon for all nationals. It will also not be possible for the USCIS to approve any of the pending I-485s in the EB3 category until the visa numbers become available once again.
What Happens to My Previously-Filed I-485?
Those I-485 cases that are pending will remain pending until the visa numbers are available. If the numbers move from unavailable to a set cut off date (rather than becoming current), then those I-485 cases with priority dates prior to the cut off date will be able to be approved. Visa numbers are allocated each fiscal year. The government fiscal year begins on October 1 of each calendar year.
Persons who are eligible to file the I-485 in the EB3 category can still do so prior to July 1, 2005, so it is important to move quickly. A more detailed analysis of this development and what it means will be made available on MurthyDotCom and included in our June 17, 2005.
How Can I Learn More about Visa Numbers and Retrogression?
For those that are not familiar with the important concepts of visa numbers, retrogression, and unavailability, there are many recent articles on MurthyDotCom that explain and analyze this topic.
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