Department of State Releases New Visa Bulletin
09/13/2005
Cut-off Dates Imposed for China & India in EB-1 and EB-2 Categories,
For All Countries in EB-3 Category
The U.S. Department of State (DOS) issued its monthly Visa Bulletin today, which lists the cut-off dates for beneficiaries of family and employment-based immigrant visa petitions. As of October 1, 2005 (the first day of the 2006 fiscal year), early cut-off dates will be imposed in the first (EB-1) and second (EB-2) employment-based immigrant visa categories for nationals of China and India, and for all countries in the third (EB-3) category. This is the first time in several years that there have been priority date backlogs in the EB-1 and EB-2 categories.
Specifically, the Visa Bulletin lists the following cut-off dates:
EB-1: January 1, 2000 (China); August 1, 2002 (India)
EB-2: May 1, 2000 (China); November 1, 1999 (India)
EB-3: Skilled Workers and Professionals: May 1, 2000 (China); January 1, 1998 (India); January 1, 2001 (Mexico); March 1, 2001 (Philippines); March 1, 2001 (all other countries)
Other Workers: October 1, 2000 (all countries)
Note that there continues to be no cut-off date for that part of the EB-3 category devoted to Schedule A workers (mostly nurses and physical therapists). The complete Visa Bulletin is available on-line at http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html.
As of October 1, 2005, employees from China and India who are the beneficiaries of approved I-140 immigrant worker petitions in the EB-1 and EB-2 categories will only be able to apply for adjustment of status to permanent residence if their priority dates are before the dates listed.
Individuals with approved I-140 petitions in the EB-3 category will temporarily be better off than they have been for several months, since EB-3 visa numbers have been completely unavailable for all countries since June 2005. Beginning in October, employees with priority dates earlier than those listed for their country of birth will be able to submit applications for adjustment of status to permanent residence to U.S. Citizenship and Immigration Services (USCIS). Because the demand for immigrant visas is expected to be high over the coming months, the new cut-off dates may not progress much, or may even retrogress, over the course of FY 2006.
Background
Priority dates are significant because they help the government to regulate demand for immigrant visas. Under U.S. immigration law, there is a limited number of immigrant "visa numbers" available each year for people seeking U.S. permanent residence. These numbers are allocated both to actual immigrant visas issued at U.S. embassies and consulates abroad to people seeking to immigrate to the United States, and to applications for adjustment of status to permanent residence filed by nonimmigrants already present in the United States. No single country's citizens can be awarded more than a statutorily-determined number of immigrant visas in a particular fiscal year. Once all immigrant visas for a certain year have been allocated, the visa category or foreign country in which demand was excessive is considered to be oversubscribed. This is what happened to the EB-3 category in June 2005; the DOS determined that based on the number of visas already issued and the number of applications in the pipeline, the statutory limit on the number of immigrant visas was in danger of being exceeded in the 2005 fiscal year (FY 2005). Therefore, as of July 1, 2005, visas in the EB-3 category were completely unavailable.
Starting back in mid-2001, severe processing backlogs at USCIS and its predecessor agency, the Immigration and Naturalization Service (INS), as well as at the U.S. Department of Labor (DOL), meant that not all of the available employment-based immigrant visa numbers were used each year. Beginning in mid-2005, however, the USCIS began to make headway in clearing out its backlog of cases. Moreover, the DOL's PERM program (which went into effect in March 2005 and replaced the previous labor certification application process) and its own backlog elimination efforts are gradually leading to an increase in the number of I-140 petitions filed by U.S. employers. If these two DOL programs prove to be successful over the long run, the increase in I-140 filings each year could be substantial.
Impact on Foreign Workers
While the new cut-off dates in the EB-3 category represent an improvement over the current situation (where EB-3 immigrant visa numbers are completely unavailable except for Schedule A workers), it means that for many foreign nationals, there may only be a very small window of opportunity during which they will be eligible to apply for adjustment of status to permanent residence; the cut-off dates could retrogress if demand is high. In addition, if the DOS determines that the demand for EB-1 and EB-2 numbers is in danger of exceeding the statutory quota, those cut-off dates could be imposed on other countries in the near future. Some foreign nationals with approved I-140 immigrant petitions may still be precluded from proceeding to the adjustment of status stage, possibly for several years.
Copyright © 2005 by Fragomen, Del Rey, Bernsen & Loewy, LLP.
09/13/2005
Cut-off Dates Imposed for China & India in EB-1 and EB-2 Categories,
For All Countries in EB-3 Category
The U.S. Department of State (DOS) issued its monthly Visa Bulletin today, which lists the cut-off dates for beneficiaries of family and employment-based immigrant visa petitions. As of October 1, 2005 (the first day of the 2006 fiscal year), early cut-off dates will be imposed in the first (EB-1) and second (EB-2) employment-based immigrant visa categories for nationals of China and India, and for all countries in the third (EB-3) category. This is the first time in several years that there have been priority date backlogs in the EB-1 and EB-2 categories.
Specifically, the Visa Bulletin lists the following cut-off dates:
EB-1: January 1, 2000 (China); August 1, 2002 (India)
EB-2: May 1, 2000 (China); November 1, 1999 (India)
EB-3: Skilled Workers and Professionals: May 1, 2000 (China); January 1, 1998 (India); January 1, 2001 (Mexico); March 1, 2001 (Philippines); March 1, 2001 (all other countries)
Other Workers: October 1, 2000 (all countries)
Note that there continues to be no cut-off date for that part of the EB-3 category devoted to Schedule A workers (mostly nurses and physical therapists). The complete Visa Bulletin is available on-line at http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html.
As of October 1, 2005, employees from China and India who are the beneficiaries of approved I-140 immigrant worker petitions in the EB-1 and EB-2 categories will only be able to apply for adjustment of status to permanent residence if their priority dates are before the dates listed.
Individuals with approved I-140 petitions in the EB-3 category will temporarily be better off than they have been for several months, since EB-3 visa numbers have been completely unavailable for all countries since June 2005. Beginning in October, employees with priority dates earlier than those listed for their country of birth will be able to submit applications for adjustment of status to permanent residence to U.S. Citizenship and Immigration Services (USCIS). Because the demand for immigrant visas is expected to be high over the coming months, the new cut-off dates may not progress much, or may even retrogress, over the course of FY 2006.
Background
Priority dates are significant because they help the government to regulate demand for immigrant visas. Under U.S. immigration law, there is a limited number of immigrant "visa numbers" available each year for people seeking U.S. permanent residence. These numbers are allocated both to actual immigrant visas issued at U.S. embassies and consulates abroad to people seeking to immigrate to the United States, and to applications for adjustment of status to permanent residence filed by nonimmigrants already present in the United States. No single country's citizens can be awarded more than a statutorily-determined number of immigrant visas in a particular fiscal year. Once all immigrant visas for a certain year have been allocated, the visa category or foreign country in which demand was excessive is considered to be oversubscribed. This is what happened to the EB-3 category in June 2005; the DOS determined that based on the number of visas already issued and the number of applications in the pipeline, the statutory limit on the number of immigrant visas was in danger of being exceeded in the 2005 fiscal year (FY 2005). Therefore, as of July 1, 2005, visas in the EB-3 category were completely unavailable.
Starting back in mid-2001, severe processing backlogs at USCIS and its predecessor agency, the Immigration and Naturalization Service (INS), as well as at the U.S. Department of Labor (DOL), meant that not all of the available employment-based immigrant visa numbers were used each year. Beginning in mid-2005, however, the USCIS began to make headway in clearing out its backlog of cases. Moreover, the DOL's PERM program (which went into effect in March 2005 and replaced the previous labor certification application process) and its own backlog elimination efforts are gradually leading to an increase in the number of I-140 petitions filed by U.S. employers. If these two DOL programs prove to be successful over the long run, the increase in I-140 filings each year could be substantial.
Impact on Foreign Workers
While the new cut-off dates in the EB-3 category represent an improvement over the current situation (where EB-3 immigrant visa numbers are completely unavailable except for Schedule A workers), it means that for many foreign nationals, there may only be a very small window of opportunity during which they will be eligible to apply for adjustment of status to permanent residence; the cut-off dates could retrogress if demand is high. In addition, if the DOS determines that the demand for EB-1 and EB-2 numbers is in danger of exceeding the statutory quota, those cut-off dates could be imposed on other countries in the near future. Some foreign nationals with approved I-140 immigrant petitions may still be precluded from proceeding to the adjustment of status stage, possibly for several years.
Copyright © 2005 by Fragomen, Del Rey, Bernsen & Loewy, LLP.
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
