June 2009 Visa Bulletin : Retrogression to 01 Jan 2000 for EB2 India Posted May 15, 2009 ©MurthyDotCom As MurthyDotCom readers were advised in our NewsFlash posted on May 8, 2009, the U.S. Department of State (DOS) Visa Bulletin for June 2009 carried dismal news for Indian nationals in the EB2 category. The cutoff date in the EB2, India category shows retrogression to January 1, 2000. This is due to the overwhelming demand for visa numbers beyond the available supply. The rest of the Visa Bulletin remains unchanged from the prior month. Readers are reminded that the May 2009 Visa Bulletin remains in effect until June 1, 2009. The most recent Visa Bulletin chart is always available on MurthyDotCom. ©MurthyDotCom Summary of Visa Bulletin ©MurthyDotCom Employment-Based, First Preference (EB1) This category is current for all countries of chargeability. ©MurthyDotCom Employment-Based, Second Preference (EB2) This category continues to be current for all countries, except India and China. The cutoff date for China remains at February 15, 2005. As explained above, the cutoff date for India retrogressed by more than four years, to January 1, 2000. This is due to the high level of demand for immigrant visa numbers, primarily from the USCIS, as visa numbers are used with the approval of each Application for Adjustment of Status (Form I-485). ©MurthyDotCom Employment-Based, Third Preference (EB3) This category has been depleted for the year. It remains completely unavailable until the next fiscal year. The USCIS fiscal year begins on October 1st annually. ©MurthyDotCom DOS Explanation of Retrogression of EB2 for Indian Nationals ©MurthyDotCom As previously explained in articles available on MurthyDotCom, the cutoff dates in the DOS Visa Bulletin are based upon estimates of demand and requirements regarding the allocation of the limited supply of visa numbers. The extreme retrogression of the cutoff date is an effort to remain within the annual limits for each country, as set by law. The DOS states that it is not possible, at this time, to predict whether the current retrogression in EB2 India will continue for the remainder of this fiscal year. ©MurthyDotCom In addition to the annual limits, there are limits as to the percentages of visa numbers that can be used each quarter. Thus, the fact that June is the end of the third quarter may have played a role in the need for such extreme retrogression. However, the June 2009 Visa Bulletin did reference the annual limits as the reason for the change. The Visa Bulletin indicated that, due to the extremely high demand, visa number availability cannot be assured for the remainder of the fiscal year, as the various categories reach their annual numerical limits. ©MurthyDotCom We know that this is extremely disheartening for many MurthyDotCom and MurthyBulletin readers. It was hoped that the Visa Bulletins published toward the end of the fiscal year would bring good news, as they have for the past two years. The June 2009 Visa Bulletin brings the opposite of what many wanted and expected, and, while it makes no specific predictions, its language indicates that immigrant visa numbers are being used rapidly. Thus, it is less likely that there will be a need to move the cutoff dates forward to avoid wasting immigrant visas. Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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