Posts Tagged ‘immigrant visa numbers’

January Visa Bulletin Gives Projections for Movement through FY 2010

Thursday, December 17th, 2009

The Department of State issued its January 2010 Visa Bulletin. The new visa bulletin reveals little movement across employment-based immigration categories. The employment-based first preference (EB-1) category will remain current for all nationalities. Cut-off dates in the EB-2 category will remain stalled at January 22, 2005 for India, while they will advance slightly for China (May 1, 2005). The EB-2 category will remain current for all other countries.

The Eb-3 category cutoff for skilled workers is June 22, 2001 for India and July 1, 2002 for Mexico. The cutoff for China, Philippines, and all other countries is August 1, 2002. The cutoff for Eb-3 unskilled workers is June 1, 2001.

The January 2010 Visa Bulletin also contains the first projection of what priority dates are likely to become currently during this fiscal year, which  is of great interest to adjustment of status applicants with long-pending applications.  The Visa Bulletin predicts, based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 (that is, by September 30, 2010) are as follows:

Eb-2:
China: July through October 2005
India: February through early March 2005

Eb-3:

Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005

The Dept. of State advises that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.

Share/Save/Bookmark

U.S. Department of State Issues October Visa Bulletin

Friday, September 18th, 2009

The Department of State has issued the visa bulletin for the new fiscal year beginning on October 1, 2009. As predicted, retrogression in many categories continues with some dates being pushed back even further than they were before numbers became unavailable earlier this year.  Last year, we explained why the Department of State keeps priority dates early at the beginning of the fiscal year and then advances them later in the year.

The employment based first preference (EB-1) category will remain current for all nationalities. Cut-off dates in the EB-2 category will advance by two weeks for India, to January 22, 2005, and just over 2 months for China, to March 22, 2005. The EB-2 category will remain current for all other countries.

The EB-3 category remains severely backlogged but will once again be available with cut-off dates of June 1, 2002, and even earlier dates for Indian (April 15, 2001), Chinese (February 22, 2002) and Mexican (May 1, 2002) nationals. The cut-off dates for the EB-3 other worker category have been set at June 1, 2001 except for Indian nationals who will have a cut-off date of April 15, 2001.

The EB-4 religious worker category and the EB-5 immigrant investor categories also remain current. While these pilot programs are set to sunset on September 30, 2009, it is expected that Congress will extend them for an additional period of time.

Share/Save/Bookmark

America’s Shrinking Immigration Advantage

Monday, August 31st, 2009

Employers who rely on foreign nationals to provide needed expertise in their workforce – from technical programmers to biochemists to wind turbine engineers – should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

The first trend is captured in this blog post by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively.  Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used.  Nor can the workers take the initiative to start their own companies – while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation.  Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years’ quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US. (more…)

Share/Save/Bookmark

May Visa Bulletin: No More EB-3 This Year

Thursday, April 9th, 2009

Yesterday, the Department of State issued its May Visa Bulletin.  The surprising news was that USCIS has managed to use up all of the visa numbers available in the EB-3 category (professional, skilled and other workers) by granting adjustment of status cases, so that they will have to suspend processing of pending EB-3 cases until October.  (For a more complete explanation of priority dates and how they work, see our Client Alert.)

Fortunately, there is no hint that worldwide first preference, or second preference (except India and China), will become backlogged or run out this year.  More on the EB-3 unavailability after the jump. (more…)

Share/Save/Bookmark

       
Copyright © 2010 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Review our disclaimer.
Disclosure: Law firm web sites such as this one are considered 'Attorney Advertising' by the State Bar of New York.