According to the Department of State’s October 2009 Visa Bulletin, waiting periods for the second employment-based (EB-2) permanent residence category decreased for China and India. In October, the State Department imposed a cut-off date of March 22, 2005 for EB-2 China and a cut-off date of January 22, 2005 for EB-2 India. This represents an advancement of about 15 months from the August bulletin. Cut-off dates were also announced for the third employment-based (EB-3) preference category.
In October, priority date cut-offs for the first three employment-based immigrant categories will be as follows:
EB-1: Current for all countries.
EB-2: China – March 22, 2005; India – January 22, 2005; all other countries – current.
EB-3 Professionals and Skilled Workers: Worldwide – June 1, 2002; China – February 22, 2002; India – April 15, 2001; Mexico – May 1, 2002; Philippines – June 1, 2002.
EB-3 Other Workers: Worldwide, China, Mexico, Philippines – June 1, 2001; India – April 15, 2001.
The U.S. Department of State (DOS) summarizes the availability of immigrant visa numbers in its monthly Visa Bulletin. The Visa Bulletin shows which “priority dates” may be processed for permanent residence. The priority date is the date when the labor certification or Immigrant Visa Petition (I-130 or I-140) was accepted for processing. Each month the Visa Bulletin lists which priority dates are “current” for each category. Cases with priority dates prior to the dates on the Visa Bulletin in a particular month may file their final permanent residence applications (either immigrant visa applications or Adjustment of Status applications) with DOS or U.S. Citizenship and Immigration Services (USCIS) or, if the cases are already pending, DOS or USCIS may adjudicate the cases. Where a category is “unavailable,” no permanent residence applications can be filed or adjudicated that month. Note that a category can become unavailable in the middle of the month.
