Outlook for Employment Based V

Outlook for Employment Based Visa Numbers By: Nicole C. Dillard, Esq. Toward the end of 2005, specifically after the filing deadline affecting the EB-1 and EB-2 category for Chinese and Indian nationals, the Department of State projected a world-wide retrogression occurring for EB-1 and EB-2 visa applicants for all nationals—a worldwide retrogression. The retrogression would limit the applicants ability to actually file their Application to Adjust Status (I-485) until their priority date became current (determined either by the filing date of the Alien Labor Certification, or in some cases, the filing of the immigrant visa petition). This speculation led some nationals of other countries to hurry up and file PERM applications and/or immigrant visa petitions fearing that they too, would be limited in how long before they could file their Applications to Adjust Status. The Department of State has recently advised the American Immigration Liaison Chair, Liam Schwartz, that it has seen a decrease in demand for employment-based visa numbers for USCIS adjustment of status cases. Thus, this has resulted in the rapid advancement of the established cut off dates (which explains why the priority dates for the EB-1 and EB-2 categories for the Indian and Chinese nationals are progressing in increments from 6 months or more at a time, reflected each month the Visa Bulletin is printed). The Department of State had the following outlook for the employment based visa numbers: n EB-1 and EB-2 Worldwide: Based on the current level of number use in the EB-1 and EB-2 preference categories, there will no need to impose a cut-off date for the categories. n EB-3 preference category: There had been concern regarding the number of 245(i) filings that occurred during March/April 2001 and that upon approval of the Labor Certification Application, they would result in a large concentration of demand for Immigrant visas/green cards. To date, there has not yet been an overwhelming demand which may be an indication of the number of those cases are still in the Department of Labor backlog. n China and India : The lack of demand of Immigrant visas has a direct correlation to the fact that neither of these groups are able to apply for the green card at this time. Consequently, there has been a rapid advancement of the China and India cut-offs, which is expected to continue over the next several months. n China EB-3 preference category: This should remain consistent with the Worldwide priority date schedule. n India , EB-3 preference category: This cut-off date should continue to move, but it may eventually be at a slower pace. Continue to follow our websites for updates regarding the issue regarding the visa retrogression as it follows the EB-1, EB-2, and EB-3 visa categories. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]