May 2011 Visa Bulletin show slight advancement in employment-based cutoff dates
April 11, 2011
The U.S. Department of State has published its May Visa Bulletin and there has been a slight advancement in the cutoff dates for Indian nationals in the EB-2 (advanced degree professional) employment-based category; from May 8, 2006 to July 1, 2006. See May Visa Bulletin. While this is not a significant advancement in and of itself, the cutoff date had been stalled at May 8, 2006 for a number of months, so it is welcome news. There are many Indian national physicians and other advanced degree professionals in this category who have been waiting for an immigrant visa number to become available to them and their families for some time.
Those Indian nationals in this category with priority dates before the cutoff date will be eligible to obtain immigrant visas or adjust their status to permanent resident. Generally, an alien’s priority date is set when they commence the green card process.
The May Visa Bulletin announces the below regarding anticipated future movement of cutoff dates:
| Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows: | |
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Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.) China: none to three weeks expected through July. No August or September estimate is possible at this time. India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time. |
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Employment Third: Worldwide: three to six weeks China: one to three weeks India: none to two weeks Mexico: although continued forward movement is expected, no specific projections are possible at this time. Philippines: three to six weeks Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced. |
As noted in our earlier update, the U.S. Department of State is letting unused visa numbers from the EB-1 category flow down to the EB-2 category. The May Visa Bulletin makes further predictions regarding future immigrant visa usage, and those with pending adjustment applications should review the Visa Bulletin.
Please contact Matt Raynes at our Bangor, Maine office with questions.
This alert is provided as general information, and is not a substitute for legal or other professional advice.
