Employment-Based Immigrant Visa Categories Show Early Cut-Off Dates

According to the U.S. Department of State’s (DOS) Visa Bulletin for October 2005, certain employment-based (EB) immigrant visa categories will have early cut-off dates as of October 1, 2005.  The EB-1 category (for managers and executives, outstanding professors and researchers, and aliens of extraordinary ability) and EB-2 category (for advanced degree professionals and aliens of exceptional ability) for visa applicants from China and India will be oversubscribed as of this date.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a visa number.  The EB-3 category (for professionals with bachelor’s degrees, skilled and unskilled workers) is currently “unavailable” for applicants of all countries, however, as of October 1, priority dates have been established.  Schedule A workers (primarily for physical therapists and nurses) in the EB-3 category will remain current.

If a visa number is unavailable, applicants may not submit applications to adjust status to permanent residence.  Consequently, concurrent filing of an immigrant visa petition (Form I-140) and an adjustment of status application (Form I-485) will no longer be possible for persons that fall within those categories.  As a result, the visa retrogression will seriously impact applicants (and their employers) who cannot submit applications for adjustment of status, as they will no longer be able to apply for employment authorization while the green card application is pending until a visa number becomes available.  In addition, persons with pending adjustment of status applications cannot be approved unless their priority dates are current.

We highly recommend that employers submit their I-140 petitions and I-485 applications on behalf of their foreign workers that fall into the categories with early cut-off dates PRIOR TO OCTOBER 1, 2005.

Should you have any questions, please contact any of the immigration attorneys at Ogletree Deakins or the attorney with whom you normally work.  http://www.visatrax.com

According to the DOS’ October 2005 Visa Bulletin, the priority dates are as follows:

EB-1 Category
                                                           Cut-Off Date:
All countries (except those listed)             Current
China                                                   Jan. 1, 2000
India                                                    Aug. 1, 2002

EB-2 Category
                                                          Cut-Off Date:
All countries (except those listed)             Current
China                                                   May 1, 2000
India                                                    Nov. 1, 1999

EB-3 Category
                                                           Cut-Off Date:
All countries (except those listed)             March 1, 2001
China                                                   May 1, 2000
India                                                    Jan. 1, 1998
Mexico                                                  Jan. 1, 2001
Philippines                                             March 1, 2001

 

Note: This article was published in the September 13, 2005 issue of the Immigration eAuthority.