August 2008 Visa Bulletin

Notably, the August Visa Bulletin shows 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 for China and India remains at June 1, 2006, while Mexico, the Philippines, and 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 bulletin indicated that the USCIS made allocations for the demand received by July 8, 2008 in the chronological order of the reported priority dates. Where the demand exceeded the available number of immigrant visas for the time period in a particular category, that category was deemed oversubscribed and unavailable. Only applicants who have a priority dates earlier than the cut-off date may be allotted a number; and 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.

August cut-off dates for common, employment-based green card categories are shown below. The listing of a date within a category indicates oversubscription. The letter “C” signifies the visa numbers are “current” and available for all qualified applicants.

*GT continues to partner with industry coalitions and key Congressmen to advocate for immigration relief from these annual quotas on employment-based immigration.

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