Alerts and Updates
Lengthy Immigrant Visa Quota Backlogs Expected in All Employment-Based Categories as of October 1, 2005
September 20, 2005
The Department of State (DOS) issued its October 2005 visa bulletin and there are long quota cut-off dates for Chinese and Indian nationals in all three employment-based (EB) categories and for all nationalities in the EB-3 category. EB-2 cut-off dates range from May 1, 2000 (China) to November 1, 1999 (India). The EB-3 category for Indian nationals has a cut-off date of January 1, 1998 and May 1, 2000 for Chinese nationals. The date for EB-3 for all nationalities is March 1, 2001. The EB-1 and EB-2 categories for all other nationalities remain "current" (meaning sufficient numbers are available under the quota to meet current demand).
Aside from the length of the backlogs, the most surprising development is that, for the first time, there are backlogs in the EB-1 category for Chinese and Indian nationals. The cut-off dates are January 21, 2000 and August 1, 2002, respectively. To access the latest visa bulletin, see the link listed at the end of this Alert.
Lengthy EB quota backlogs will prevent certain foreign workers (Indian and Chinese nationals, in particular) and all others who qualify under EB-3 and are sponsored by U.S. employers from securing final green card approval for many years. Ironically, while the processing time of labor certifications under the new PERM system has been greatly reduced, employer-sponsored green card processing has been considerably lengthened due to this development. The only silver lining in this otherwise dire situation is that extensions of foreign workers' H-1B status beyond the 6th year limit are permitted while waiting for their quota cut-off date to be reached.
If you are eligible to file an employment-based application for permanent residence this month, based on a labor certification, national interest waiver, or extraordinary ability petition, the application should be received by the Immigration Service before September 30, 2005 in order to preserve your options under the immigration laws.
Updated visa bulletins may be found at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
For Further Information
If you have question about this Alert or would like further information, please contact one of the immigration attorneys in our Immigration Law Practice Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
