On May 8, the U.S. State Department released the latest Visa Bulletin for June 2009. The cut-off date for EB-2 applicants born in mainland China remains unchanged (02/15/2005) while the dates for EB-2 applicants born in India moves backward more than four years to January 1, 2000. Thus, the EB-2 category is available only for those applicants that were born in neither China nor India. EB-1 remains unchanged as there are still visa numbers available in this category. However, EB-3, like EB-2, remains unavailable. It seems that for EB-2 applicants born in China and India the situation has not improved, and has actually deteriorated instead.
We notice that the cut-off date for EB-2 applicants born in China has not had any progress in three months. In fact, the most recent cut-off date progress happened on the March 2009 Visa Bulletin, which was released on February 9th. At that time the cut-off dates for EB-2 applicants born in both mainland China and India moved forward one and a half months. However, in the three months following the March 2009 Visa Bulletin, the cut-off dates for EB-2 applicants born in mainland China and India did not move anymore.
In Zhang & Associates’ 13 years of experience we have noticed that before October 1, 2005, EB-2 applicants usually had an available visa number to submit the I-140 and I-485 petitions concurrently. After October 1, 2005, the cut-off date fell back by approximately two years. Fortunately, between July 1, 2007 and August 17, 2007, all the employment-based categories were open. During this time applicants could once again submit the I-140 and I-485 concurrently. Because of this open period, a total of 234,000 I-140 petitions, and more than 300,000 I-485 applications, have been filed to the USCIS. Understandably, this influx resulted in the long waiting time we currently see.
Then, you may wonder, what about the upcoming situation for the remaining three months of this fiscal year? As far as we expect, the cut-off date for EB-2 applicants born in China may be scheduled back for the following reasons:
At the AILA meeting of Washington D. C. Area, Oppenheimer, the Chief of Immigrant Control and Reporting Division of the U.S. State Department, said that about 25,000 I-485 applications for India born applicants have been reviewed completely and are just awaiting available visa numbers. He further stated that about 12,500 China born applicants are also waiting visa numbers. Otherwise, up-to-date information from a few months ago showed that 35,000 India born applicants, and at least 20,000 from China, were still pending.
According to the Immigration and Nationality Act, the annual immigrant visa quota for employment-based immigration is 140,000. EB-1, EB-2 and EB-3 each receive 28.6% of the total number, while EB-4 and EB-5 each receive 7.1% of the whole. In other words, the 1st and 2nd preferences each receive about 40,000 visa numbers annually. Under the current quota, each country is allotted 7%, about 2,800, of the 40,000 visa numbers available for EB-2 preference. Currently, the 2,800 visa numbers for India born applicants have already been used up, therefore, the EB-2 cut-off date for Indian born applicants retrogressed.
The U.S. fiscal year begins on the 1st of October each year and ends on September 30th of the next year. So far, almost three-quarters of the Fiscal Year 2009 have passed. So how many of the 2,800 visa numbers allocated to EB-2 applicants born in mainland China are left? As far as we know, these quotas have almost been exhausted, and will very likely be at capacity within the next month. As there will be no visa numbers available, the cut-off date for EB-2 applicants born in mainland China may move backwards.
The Fiscal Year 2010 will start on 1st October this year. At that time, because the new 2,800 visa numbers will become available, it is estimated that the cut-off date will make some progress.
To avoid this visa number restriction, we suggest that applicants try to apply under EB-1(a). If you feel that you meet the EB-1(a) requirements and would like to file an employment-based petition for permanent residency you can email our attorney at info@hooyou.com for a free evaluation. You will receive a reply within 24 hours.
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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past thirteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, PC.
Houston ∙ New York ∙ Chicago ∙ Austin ∙ Los Angeles
Tel：1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website：http://www.hooyou.com
(06/04/2009)
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