EB2 Numbers Available in Sep 2005 – Uncertain Future
Posted Aug 11, 2005
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The U.S. Department of State (DOS) has released the September 2005 Visa Bulletin. The most recent Visa Bulletin is always available on MurthyDotCom. September 2005 is the last month in fiscal year (FY) 2005. Though the DOS had earlier expressed concern that there could be retrogression in the Employment-Based Second Preference (EB2) category, it remains current for September 2005. Therefore, for the month of September 2005, there are enough visa numbers for all EB2 cases for all countries / nationalities. MurthyDotCom and MurthyBulletin readers were advised of the possibility of September EB2 retrogression, and provided with helpful links to more on this key immigration topic, in our July 22, 2005 article, EB2 Category Current in August 2005 : September Retrogression Possible.
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DOS FY2006 Predictions for EB3s
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The DOS provided predictions for FY2006 for all employment-based categories. As with FY2005, the most significant impact will initially be with the Employment Based Third Preference (EB3) category. Since July 1, 2005, EB3 numbers have been completely unavailable worldwide. This will change in October 2005, when additional numbers become available for FY2006. Though new visa numbers become available on October 1, 2005, the DOS is predicting that the demand for EB3 will continue to be high. Thus, there will not be enough visa numbers available for everyone, even at the beginning of the fiscal year.
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As a result of the demand created by USCIS backlog reduction efforts, the EB3 category for India, mainland China, and the Philippines is expected to start the year with a cut-off date. This means that some, but not all, persons having EB3 cases from these countries will be able to seek to complete the third stage of green card processing starting from October 2005. To date, the DOS has not indicated what this cut-off date might be.
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Mexico also may possibly be subject to an EB3 cut-off date starting in October 2005. It is likely as well that worldwide cut-off dates, for persons from all other countries, may be established by as early as December 2005.
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If the demand is as high as the DOS expects, the cut-off date movement each month is likely to be quite slow. This means that it is possible some people who have filed in the EB3 category will not be eligible to complete their green card processing in FY2006, due to unavailability of the necessary visa numbers.
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DOS FY2006 Predictions for EB1s and EB2s
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The DOS also anticipates that cut-off dates will be established for Employment Based First Preference (EB1) and EB2 cases for mainland China and India no later than December 2005. Therefore, for nationals of China and India, if a case is eligible for I-485 filing at this time, it is important to proceed, before cut-off dates are established for these countries. Eligibility after the cut-off dates are established will depend upon one's priority date.
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Conclusion
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These developments are important to immigration planning and strategy. Those individuals interested in obtaining employment-based green cards, and their employers, should have a basic understanding of issues surrounding visa numbers and priority dates. This is vital to understanding case processing and developing immigration strategies. Persons with questions as to what this means for them and their cases should consult with qualified immigration attorneys.