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Immigration News Flash

June 5, 2009

Department of State Announces Visa Availability Update

On June 5, 2009, during this year’s American Immigration Lawyers Association conference, the Department of State (DOS) announced an update on the current availability for employment-based visas, along with predictions for fiscal year (FY) 2010. The DOS confirmed that EB1 categories remain current at this point, but regrettably, the DOS expects this category to retrogress with numbers eventually becoming backlogged. For example, China’s EB1 category is expected to be cut-off in August or September of 2009.

Category China India Mexico All Other Areas
EB1 Aug./Sept. 2009 C C C
EB2 Jan. 1, 2000 U as of Aug./Sept. C C
EB3 U U U U
EB4 C C C C
EB5 C C C C

Similar news was announced for the EB2 category. India’s EB2 category is expected to become unavailable sometime in August or September of 2009. Likewise, while China’s EB2 category is currently cut-off on January 1, 2000, it is expected to become totally unavailable in August or September of 2009. The DOS reported a total of 25,000 EB2 applications in queue for immigrant visas.

As anticipated, the EB3 category is expected to remain unavailable for the remainder of the fiscal year. The DOS representative also made several predictions for FY 2010. India’s EB3 category for FY 2010 will be cut-off on November 1, 2001, and both China’s and Mexico’s EB3 category will be cut-off on March 3, 2003 for FY 2010.

Although the EB4 and EB5 categories remain current, the DOS reported a significant increase in the number of visa requests in both categories.

GT will continue to provide updates as they become available from the DOS.