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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