Immigration Alert: Significant Permanent Residency Backlog Looming

The U.S. Department of State has released its July 2009 Visa

Bulletin, which lists annual visa quotas for certain immigrant

visa categories and determines when an applicant may apply for

permanent residence. The July Visa Bulletin reflects an

even greater backlog of visa numbers in employment-based

categories, and the Department of State Visa Office has affirmed

further retrogression will become a reality in the coming

months.

The Visa Office has advised that, based on processing in the

first part of the fiscal year, all 140,000 employment-based

immigrant visa numbers will be used this fiscal year (ending

September 30, 2009). The First Preference category (EB-1) worldwide

will remain current this fiscal year. However, the Visa Office has

estimated that due to high demand, the EB-1 category for India and

China may retrogress and require a cut-off date in August or

September 2009.

The July 2009 Visa Bulletin reflects that the Second

Preference (EB-2) category for China has retrogressed to January 1,

2000, from February 15, 2005. The Visa Office has indicated that

the category may become unavailable in August or September 2009.

The EB-2 category for India remained at January 1, 2000, but the

Visa Office has indicated that the category may also become

unavailable in August or September 2009. Without

legislative relief, the backlog for Indian and Chinese applicants

in the EB-2 category may reach up to 10 years.

As of July 1, 2009, all Third Preference (EB-3) and "Other

Worker" categories will be unavailable, indicating

that no applicant in those categories will be eligible for apply

for permanent residence. The Visa Office has indicated that the

EB-3 category for applicants from India, China and Mexico will

remain unavailable for the remainder of the fiscal year, but that

it will likely establish the following cut-off dates, as of October

1, 2009:

China: March 1, 2003;

India: November 1, 2001; and

Mexico: March 1, 2003.

As of October 1, 2009, the cut-off date for the EB-3 worldwide

category will likely...

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