EB2 Category Current in Aug 2005 : Sept Retrogression Possible
Posted Jul 22, 2005
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Many MurthyDotCom and MurthyBulletin readers have been closely following the issue of retrogression, visa cut-off dates, and visa number unavailability. Those who are unfamiliar with this immigration issue should review our articles on the topic, including EB3 Numbers Unavailable from July 1, 2005 Except for Schedule A, available on MurthyDotCom. The concerns over this significant matter have generated rumors of expansion of retrogression into other Employment-Based categories. Specifically, there was a rumor that the Employment-Based First (EB1) and Employment-Based Second (EB2) Preference categories would become unavailable in August 2005. The U.S. Department of State (DOS) has issued the Visa Bulletin for the month of August 2005, which continues to reflect that both EB1 and EB2 visa numbers are current and available for all nationals for the month of August 2005. [Editor's Note : The most current Visa Bulletin is always available on MurthyDotCom. Archived Visa Bulletins, as well as the current one, may be found on the DOS WebSite.]. As explained below, however, this may not continue through the end of September - of particular concern for nationals of India and mainland China.
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EB1 and EB2 Numbers Availability for August 2005
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The DOS August 2005 Visa Bulletin, issued July 19, 2005, shows that both EB1 and EB2 are current for all countries for the month of August 2005. The designation of "current" means that there are sufficient visa numbers available in the visa category for all cases, regardless of priority date or country of chargeability.
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Possible September EB2 Retrogression
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The DOS has indicated that it is too early to tell what will happen with respect to visa numbers in September 2005. The Visa Bulletin states that the USCIS demand for visa numbers for adjustment of status cases continues to be high. This is due largely to USCIS backlog reduction efforts. Because of this demand, the DOS has stated that it may be necessary to establish cut-off dates for EB2 cases in September 2005. The DOS suggested that these cut-off dates most likely would only be established for nationals of India or mainland China. This would be needed in order to confine the visa numbers issued to the annual legal limit.
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We note that September 2005 is the end of the government fiscal year. Thus, a portion of the 2006 annual allotment of visa numbers will become available on October 1, 2005. Accordingly, if cut-off dates are established for September 2005, there again should be improvement the following month, in October 2005. Since the availability of visa numbers is a rather uncertain, month-to-month matter, it is still advisable to file EB2 cases as quickly as possible, while the visa numbers are available. In the event that cut-off dates are established in September, there is no guarantee that the visa numbers would become current in October.