May 15, 2007

HUGE ADVANCES IN EMPLOYMENT-BASED IMMIGRANT VISA NUMBERS

The much awaited June 2007 visa bulletin was released on May 14th and includes marked jumps in priority dates or visa number availability in all previously backlogged employment-based categories. The visa bulletin sets forth to whom an immigrant visa number is available based on congressionally mandated quotas for U.S. immigration. Immigrant visas, including employment based visas, are numerically limited by preference category and by country of chargeability (which is, in most cases, is one's country of birth). From time to time, backlogs occur in certain categories of employment-based visas, for all persons or for persons from certain countries. This occurs when there are more people applying in certain categories from a specific country than there are visa numbers available.

Immigrant visa number “availability” is tied to U.S. “preference” system for permanent residence. The setting of the preference is based upon the position’s minimum requirements, not the actual qualifications of the employee. The net result is that persons who have applications whose visa numbers have retrogressed are not able to complete the final processing of their case, the actual “application” for permanent residence, until their priority date becomes current. The priority date is established when an Application for Permanent Employment Certification is filed with the Department of Labor (DOL) for positions requiring DOL certification; or when the I-140 Immigrant Visa Petition is filed with USCIS for positions not requiring DOL certification.

The category enjoying the most movement is the Employment-based 3rd preference category which came forward to June 1, 2005, with other workers coming available at October 1, 2001. The Employment-based 2nd preference category for all chargeability areas, Mexican and Philippines nationals remains current and jumps to January 1, 2006 for Chinese nationals and April 1, 2004 for Indian nationals. The June Bulletin also provides movement in most of the family based categories, but the advances are not as significant as the employment-based categories and move forward in some categories by only a few weeks to one month. The eligibility for adjustment of status for those individuals with current priority dates will commence on June 1, 2007.

The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html. Greenberg Traurig has continued to partner with industry coalitions and key Congressmen to advocate for immigration relief from these annual quotas on employment-based immigration.

GT continues to prepare I-485, Applications for Adjustment of Status for those eligible to file as quickly as possible. We first learned of the advancement during the DC AILA Annual Spring conference on April 20th when Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division, Bureau of Consular Affairs at the U.S. Department of State, informed us of the upcoming plans to move the numbers forward. Mr. Oppenheim however warned that there would be a short period of time available for I-485 applications to be filed as the numbers would again retrogress at summer's end. GT attorneys encourage their clients with approved immigrant visa petitions to contact their attorneys as quickly file their adjustment applications as quickly as possible. GT also encourages clients who were selected in the diversity visa lottery to contact us as quickly as possible, as there is a limited number of immigrant visas available in this category before the numbers are exhausted.