June 27, 2006

Further Retrogression for Employment-Based Immigrant Visas Anticipated

At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.