Visa Bulletin and EB Priority Dates : June 2006 Update
Posted May 19, 2006
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The U.S. Department of State (DOS) released the June 2006 Visa Bulletin on May 12, 2006. [The most recent Visa Bulletin processing times are always available on MurthyDotCom.] There was no change with respect to the categories with current priority dates (PDs). One of the most significant changes in the pattern from the past few months is that there was no forward movement in employment-based, second preference (EB2) cases for nationals of India. The cutoff date of January 1, 2003 remains the same as last month (May 2006). The PDs had been moving forward each month in large increments, in part to generate demand for immigrant visa numbers. The demand must have materialized for Indian nationals, because, at least for June 2006, the EB2 category is stagnant for nationals of India.
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As expected, the employment-based, third preference (EB3), Other Workers category has become entirely unavailable. This is a limited category for semi-skilled and unskilled workers and should not be confused with the regular EB3 category.
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Those categories that were current in the May Visa Bulletin continue to be current for June 2006. The good news in the June Visa Bulletin is that the pattern of rapid forward movement for employment-based, first preference (EB1) cases for nationals of India and China continued as in the last few months.
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EB1
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As previously, only China and India have cutoff dates in the EB1 category. The rapid forward advancement of dates continues in June 2006 in this category, with China's cutoff date moving a full year, to July 1, 2005. India is experiencing a six-month jump in dates to January 1, 2006.
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EB2
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As with EB1, only India and China have cutoff dates in the EB2 category. All other countries of chargeability remain current. As mentioned, India's cutoff date did not move forward. It remains at January 1, 2003. We know this is disappointing for many of our MurthyDotCom and MurthyBulletin readers from India who have EB2 cases previously filed or who are waiting to file the I-485 portion of their cases when there is forward movement in the PDs for India.
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While the cutoff date for China moved forward by six months, to July 1, 2004, this is less movement than was seen in the prior month. Thus, the demand for the EB2 numbers must be reaching a higher level for both India and China. The movement of the dates is a matter of real and anticipated demand for the limited immigrant visa numbers each fiscal year.
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EB3
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The EB3 category continues to have cutoff dates for every country of chargeability. Unlike May 2006, there was forward movement in the "worldwide" category. The cutoff dates for this category, as well as for China and the Philippines, moved forward by two months, to July 1, 2001. This is significant, because the dates have moved past the bubble created by the 245(i) filing deadline of April 30, 2001. Of course, this in no way means that all of the April 30, 2001 cases have been completed. Many such cases remain.
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As in the May 2006 Visa Bulletin, India and Mexico saw little forward movement. India's cutoff date moved forward by just over a month, to April 8, 2001. Mexico moved forward by a few days, to April 22, 2001. This slow movement is likely to continue, given the volume of cases that were filed on or close to April 30, 2001, to meet the 245(i) benefit deadline.
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Schedule A Workers
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Schedule A Worker cases continue to remain current for all nationalities for June 2006.
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Other Worker Category
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The "Other Workers" category, as explained above, became entirely unavailable for all countries. The category has reached the current allowable annual limit and will remain unavailable for the rest of Fiscal Year 2006. The next fiscal year begins on October 1, 2006. At that time, any movement forward will depend on the number of cases filed and the anticipated future filings to predict backlogs that may occur in this category, as with all categories.
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Conclusion
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The dates in the June 2006 Visa Bulletin only become available on or after June 1, 2006 and as long as the PDs remain current in the relevant category for nationals of a particular country. Therefore, cases that will be filed based upon eligibility, according to the June Visa Bulletin, can only be filed so that they reach the USCIS on or after June 1, and no earlier. Similarly, if a filing is permitted under the May Visa Bulletin, but is not permitted under the June Visa Bulletin, the filing will only be accepted until the last working day of the month; namely until May 31, 2006. We at the Murthy Law Firm hope that this clarification of the June 2006 Visa Bulletin helps our readers as they estimate how long their cases may take for filing or processing.