March 17, 2009

April Visa Bulletin Shows Movement for EB-3 China and India; Philippines and all Other Chargeability Areas Retrogress Significantly

Immigrant visas are numerically limited by category and country of chargeability. The Visa Bulletin is the State Department’s summary of the availability of immigrant numbers during a given month. The agency sets a cut-off date for each immigrant visa category. A foreign national whose priority date is earlier than the cut-off date for a particular category is eligible to apply for adjustment of status or an immigrant visa in that particular month. Only foreign nationals who have a priority date earlier than the cut-off date may apply for and receive a number.

The April 2009 Visa Bulletin shows that visa numbers for the employment-based third preference (EB-3) category for professional and skilled workers has advanced more than four months for China and 16 days for India. All other EB-3 subcategories have retrogressed significantly. Visa numbers for Mexico retrogressed five months and more than two years for the Philippines and all other chargeability areas. According to the April 2009 Visa Bulletin, there has been no movement in visa numbers for the second employment-based preference category (EB-2) for India and China. The first employment-based preference category (EB-1) has remained current for all countries.

In addition, visa numbers for the Regional Center Pilot Program for employment-based fifth preference (EB-5) immigrant investors and the special immigrant category for non-minister religious workers are "unavailable." According to the State Department both categories will remain unavailable until Congress passes legislation to extend the programs until September 2009.

Effective April 1, 2009, available visa numbers for the first three employment-based categories are as follows:

GT will continue to provide updates on visa availability. The April 2009 Visa Bulletin can be found on the Department of State website at http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html.