August 2008 Visa Bulletin : EB2 India / China Jumps Forward
Posted Jul 18, 2008
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The August 2008 U.S. Department of State (DOS) Visa Bulletin carries very good news for those in the Employment-Based, Second Preference (EB2) category from India and China. This category has now moved forward to a cutoff date of June 1, 2006. The other employment categories remain unchanged, with the exception of EB3, Other Workers, which will be unavailable as of the August 2008 Visa Bulletin. The latest 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 continues to be current for all countries of chargeability.
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Employment-Based, Second Preference (EB2)
This category is current for all countries, except for India and China. However, the India and China cutoff date has moved forward to June 1, 2006. This is remarkable forward movement, as it is in excess of two years, and is the most favorable cutoff date in EB2 for either country since the July 2007 Visa Bulletin. Individuals from India and China who missed the I-485 filings during the summer of 2007, therefore, may have the opportunity to file their I-485s in August 2008. The eligibility to file would apply to those who have EB2 priority dates prior to June 1, 2006 and are otherwise eligible to file the I-485.
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This shift also means that a substantial number of people from India and China in the EB2 category potentially will be able to obtain approval of their pending I-485 cases during the month of August 2008. The Visa Bulletin did not explain this positive development. The DOS had previously stated, however, that visa numbers had been shifted within the EB2 category from the "rest of the world" to India and China. The reason given was that the demand from other countries was not sufficient to deplete the supply by the end of Fiscal Year (FY) 2008, which ends September 30, 2008. Thus, the numbers were shifted within the EB2 category to the higher-demand countries of India and China in order to make sure that all FY2008 immigrant visa numbers are utilized. Presumably, the cutoff dates were moved forward to allow for additional visa number usage before the end of the FY.
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Employment-Based, Third Preference (EB3)
This category became unavailable in July 2008 for all countries of chargeability. This means that all the immigrant visa numbers have been used for FY2008. No more immigrant visas will be available until the next FY, which begins October 1, 2008. The EB3, Other Worker, category also became unavailable for August 2008.
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Employment-Based, Fourth / Fifth / Religious Workers and Targeted Employment
These categories are all current.
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Conclusion
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The DOS seems to be making a serious effort to avoid wasting any of the limited EB immigrant numbers. The forward movement in EB2 presents a narrow window during which many individuals will have eligibility for I-485 approval or to file their I-485s based upon either approved labor certifications or in the National Interest Waiver category, if the priority date is before June 1, 2006. Since the new FY starts in October, all available numbers must be used in August and September. It remains to be seen whether there are enough numbers to allow for the cutoff dates to remain unchanged for September 2008, or move forward, yet again. Since this is unknown, anyone eligible to file in August 2008 should do so. Individuals with pending I-485 cases, which could be approved due to this change in August, should be sure to appear for fingerprinting if they receive notice, and to respond in a timely fashion to any Requests for Evidence in their cases, if they wish to have the chance to obtain I-485 approval while their priority dates remain current.
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