DOS Explanation on Most EB Categories becoming Current
Posted Aug 28, 1999

Officials at the U.S. Department of State (DOS) responsible for estimating visa demand each month and issuing the priority dates, spoke with representatives of the American Immigration Lawyers Association (AILA) and explained the reasons for August and September 1999's startling news that the employment based dates (other than the unskilled "other worker" category) have become current.

The main factor for the priority dates becoming current is apparently that the processing of adjustment of status (I-485) applications by INS has slowed to a crawl. According to Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division at the DOS Visa Office, two-thirds of the employment-based visa numbers are generally used by INS, with the remaining third used by Consulates issuing immigrant (permanent) visas. Fewer cases completed by INS, translates to a substantial decrease in demand for visa numbers. After checking with INS, Mr. Oppenheim decided to bring China and India "current" on the visa cut-off date chart.

When DOS announced in August 1999 that because the worldwide visa usage had been very low particularly at the Service Centers, and the priority dates had become current for most of the Employment Based categories, many attorneys, including us at the Law Office of Sheela Murthy recommended that it would be advisable for adjustment applicants not to wait till the visa numbers retrogress (move backwards) again and to file the I-485 adjustment applications promptly. The DOS expects that the visa numbers will remain current for a few more months but many of us were skeptical and decided it would be better to be safe than sorry and advised all those whose 1-140 Petitions were approved to file the I-485 and related documents promptly.

When INS processes and completes more adjustment cases, demand is again expected to increase, and the immigrant visa numbers are likely to retrogress. However, Mr. Oppenheim expects that the employment-based categories will remain current for several more months. This is good news for those hoping to file for adjustment before they reach their maximum stay in H or L status.