July 25, 2005

EB1/EB2 Visa Numbers Still Available, EB3 Visa Numbers Remain Unavailable

Contrary to circulating rumors, employment-based first preference and second preference categories will remain current in August. The first preference category includes “persons of extraordinary ability”, “multinational managers and executives”, and “outstanding professors and researchers”, while the second preference category includes “exceptional ability” professionals with advanced degrees. There is a possibility of the second preference category becoming unavailable for India or China in September, but the Department of State has yet to make a determination on this matter.

In the meantime, the employment-based third preference category (for “skilled workers” with Bachelor’s Degrees or two years of experience in the profession) remains unavailable for all foreign nationals. Visa unavailability impacts a foreign national’s eligibility to adjust status to that of a permanent resident, as the USCIS and Department of State are unable to adjudicate pending permanent residency cases. All adjustment of status and consular processing cases will be put on hold until visa numbers become available. It is not yet known as to whether or not visa numbers will become available in the fiscal year starting October 1, 2005.

The visa bulletin may be accessed here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2573.html