Immigration Attorney
Services & Fees

09/14/2005

State Department Visa Bulletin - Employment Categories - October 2005 - Unexpected Retrogression.

The October Visa Bulletin was a surprise to all of us. We had expected the EB-3 category to become current. Instead, it reflects retrogression in all of the employment-based (EB) categories.

The October Visa Bulletin does not go into effect until October 1, 2005.

Applicants in EB1 and EB2 who are eligible to file their I-485s (Applications for Adjustment of Status), must do so before October 1, 2005. Otherwise, their I-485 applications must wait until visa numbers become available.

EB3 Skilled / Professional Workers:


Nationals of India have a cutoff date of January 1, 1998.

Nationals of mainland China have a cutoff date of May 1, 2000.

Nationals of the Philippines have a cutoff date of March 1, 2001.

Nationals of Mexico have a cutoff date of January 1, 2001.

All other countries have a cutoff date of March 1, 2001.

This means that in order to file for adjustment of status to permanent residence, or to complete a consular processing case to obtain the immigrant visa, that person's priority date must be on or before the cutoff date.

The Priority Date is the date that the DOL received the Labor Certification Petition.


EB2 Professionals:


EB2 is for professionals where the job offered requires at least a Master Degree or its equivalent, or where the job offered requires at least a Bachelor Degree plus five years of work experience.

Nationals of India have a cutoff date of November 1, 1999.

Nationals of mainland China have a cutoff date of May 1, 2000.

All other countries are current, which means that the adjustment of status petitions, or consular processing cases, are not backlogged and can be filed immediately.


EB1 Priority Workers:


EB1 is for the intra-company executives / managers, outstanding professors & researchers, and persons of extraordinary ability categories.

Nationals of India have a cutoff date of August 1, 2002.

Nationals of mainland China have a cutoff date of January 1, 2000.

All other countries are current, which means that the adjustment of status petitions, or consular processing cases, are not backlogged and can be filed immediately.


Notes:


The cutoff dates are based upon estimates of demand by the State Department for the limited supply of Immigrant Visa numbers.

Applicants in H-1B status who have a Labor Certification that has been pending for over 12 months may renew or transfer their H-1B status beyond 6 years. These renewals are issued for 1 year at a time and may be applied for indefinitely until the H-1B worker is eligible to apply for the I-485 Adjustment of Status.

For H-1B Workers that have not yet applied for Labor Certification or PERM, it makes sense to apply before your 5th year in H-1B Status. That way you can renew your H-1B Visa beyond the normal 6 year duration.


State Department Visa Bulletin - Employment Categories - October 2005
(mm/dd/yy)

Categories	Worldwide	China (PRC)	India	Mexico	Philippines
1st	Current	1-01-00	8-01-02	Current	Current
2nd	Current	5-01-00	11-01-99	Current	Current
3rd	3-01-01	5-01-00	1-01-98	1-01-01	3-01-01
Schedule A	Current	Current	Current	Current	Current
Unskilled	10-01-00	10-01-00	10-01-00	10-01-00	10-01-00
4th	Current	Current	Current	Current	Current
Religious	Current	Current	Current	Current	Current
5th	Current	Current	Current	Current	Current




email this page to a friend