October 2009 Visa Bulletin : FY2010 Quota Begins
Posted Sep 18, 2009
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The U.S. Department of State (DOS) has issued the first visa bulletin for fiscal year (FY) 2010. The October 2009 Visa Bulletin reestablishes cutoff dates in EB3. It also continues the early 2005 cutoff dates for EB2 applicants from India and China. This is potentially helpful for many EB2 adjustment-of-status (I-485) applicants from India and China with cases filed during the 2007 summer rush. [The latest DOS Visa Bulletin chart is always available on MurthyDotCom.]
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Summary of Visa Bulletin
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Employment-Based, First Preference (EB1)
This category is current for all countries of chargeability.
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Employment-Based, Second Preference (EB2)
This category is current for all countries, except India and China. The cutoff date for India is January 22, 2005. China has a cutoff date of March 22, 2005.
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With the movement forward of EB2 priority dates, both in September and October of 2009, we at the Murthy Law Firm are pleased to report that our office is receiving many I-485 approvals daily for some of our clients whose priority dates are current this month. Of course, given the volume of cases filed in the summer 2007, even these approvals represent only a fraction of the cases that are pending and potentially eligible for approval.
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Employment-Based, Third Preference (EB3)
The EB3 category has newly established cutoff dates, due to the new allocation of visa numbers for FY2010. The cutoff date for India is April 15, 2001. China's cutoff date is February 22, 2002, and Mexico's is May 1, 2002. All other countries of chargeability have a June 1, 2002 cutoff date. These dates reflect the high demand for visa numbers in this category. This demand far exceeds the available supply.
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Employment-Based Fourth (EB4) and Employment-Based Fifth (EB5) Preference
EB4 and EB5 are current. However, both the EB4 certain religious worker category and the EB5 pilot program category are unavailable. This unavailability is due to the expiration of these employment-based categories on September 30, 2009 under the law. This could change if either (or both) program is extended by Congress.
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Explanation and Conclusion
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The October 2009 Visa Bulletin, as mentioned, is the first of the 2010 fiscal year. Thus, there is a new allocation of visa numbers available. This allows for reestablishment of cutoff dates for categories depleted during FY2009. The visa numbers are not all immediately available at the beginning of the fiscal year. They are allocated throughout the year, according to requirements set by law. We are pleased to provide this analysis of the DOS Visa Bulletin to MurthyDotCom and MurthyBulletin readers.