State Department Announces Employment- Based Third Preference Visa Unavailability

The State Department has published the July Visa Bulletin indicating that there will be no visa numbers available in the employment-based third preference category for the month of July. Further, the Bulletin indicates that all visa numbers for the third preference category for both professionals and other skilled workers have been allocated for the entire 2005 fiscal year. Consequently, there will be no visa number availability for third preference based cases until the new fiscal year which begins on October 1, 2005.

As a result of the unavailability of visa numbers, the USCIS and the State Department will be unable to complete processing on any pending permanent residency cases for applicants of any nationality in the third preference category until on or after October 1, 2005. The Bulletin does not include information as to whether retrogression of numbers will be seen when visa numbers become available on October 1, 2005.

An available visa number is required to conclude consular processing or adjustment of status in the U.S. The USCIS and DOS will hold the cases that are otherwise ready for final adjudication in abeyance until a number becomes available. If a worldwide cut off date is announced for October 2005 visa numbers, only those cases that were filed prior to the published date will be eligible for final adjudication.

GT will provide updates on visa number availability as announced by the Department of State.

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