June 10, 2008

July Visa Bulletin Shows No Movement for EB-2 Categories and Unavailability in EB-3 Categories

The Department of State published the July Visa Bulletin showing that immigrant visa numbers are now unavailable for all employment-based third preference (EB-3) categories. The employment-based first preference (EB-1) category remains current for all chargeability areas. In addition, the visa numbers for all employment-based second preference (EB-2) categories remain unchanged from June 2008. The EB-2 category for China and India remains at April 1, 2004 while all other chargeability areas are still current.

The availability of numbers are published based on data collected from Consular officers and the U.S. Citizenship and Immigration Services (USCIS).  Both are required to report to the Department of State the number of foreign nationals who qualify for immigrant visas in the different categories.   The Visa Bulletin notes that allocations were made for the demand received by June 6^th.  For those categories where the demand exceeded the available number of immigrant visas for the time period, the demand was deemed oversubscribed and unavailable.  Only applicants who have a priority dates earlier than the cut-off date may be allotted a number, only these individuals are eligible to complete the permanent residence process through the filing of an I-485 with USCIS or an Immigrant Visa application with the U.S. Consulate abroad. 

As a refresher for those unfamiliar with how priority dates work, there are a limited number of immigrant visas issued each year to foreign nationals for them to become legal permanent residents (green card holders). Each year, more foreign nationals apply for these visas than there are visas available, because of this there is a severe shortage of visa numbers resulting in the backlogs.  The people at the front of this line for whom there is a visa number available have current priority dates.  

Given the sometimes erratic movement of these dates, it is not possible to predict how quickly or slowly the priority dates will move up because there is no way for anyone to know how many people qualify and have applied for the issuance of an immigrant visa each day of each month of each year. 

Below is a historical overview of how the priority dates have progressed since January 2007 for the EB-3 category.  The visa bulletin is available on the Department of State website as well.

GT will continue to provide updates on visa availability. The July 2008 Visa Bulletin can be found at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4231.html.