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February 2010 Employment Based Visa Bulletin
The Department of State has just released the new visa bulletin for February 2010 on January 8, 2010.
Last month, USCIS reported that the EB-1 category was still current in all countries. In the EB-2 category, cutoff dates for mainland Chinese nationals progressed one month from April 1, 2005 to May 1, 2005, but remained the same for Indian nationals. In the EB-3 category, the cutoff dates for mainland Chinese nationals progressed 2 months from June 1, 2002 to August 1, 2002 and progressed 53 days for Indian nationals from May 1, 2001 to June 22, 2001.
This month in the EB-2 category, cutoff dates for mainland Chinese nationals moved forward 21 days from May 1, 2005 to May 22, 2005; for Indian nationals, the cutoff date remained unchanged (January 22, 2005). In the EB-3 category, cutoff dates for mainland Chinese nationals moved forward from August 1, 2002 to September 22, 2002. For Indian nationals applying in the EB-3 category, cutoff dates remained unchanged from last month (June 22, 2001). Once again, the EB-1 category is still current.
FY 2010 began in October 2009. From October until now, the EB-2 and EB-3 categories have not changed drastically; both are still heavily backlogged. With USCIS’ new inquiry procedures and other protocol, perhaps we will see an improvement in visa backlogging for the EB-2 and EB-3 categories in the following months.
Heavy backlogging should certainly not discourage you from applying in either category. However, it does affect what type of application(s) you should apply for. If you meet the qualifications for any employment based petition, our firm will be more than happy to assist you in submitting a comprehensive application. More importantly, we will tailor a strategy to best fit your needs.
What we mean by this is that in the field of immigration law, there are many avenues that applicants can take on obtain permanent residency; applicants can file multiple employment based visa petitions. By doing so, an applicant essentially increases his/her chances of obtaining a green card in a timelier manner. Take applicant X for example. If applicant X, who was born in mainland China, only qualifies for an NIW (EB-2), he/she can file an I-140 applicantion under that category. If applicant X's NIW is approved, he/she can also file an EB-1(a) or EB-1(b) while waiting for a visa number to become available in the EB-2 category. There are several benefits to this strategy. First, the added time allows many applicants to vamp up their resumes enough to qualify for an EB-1. Second, because the EB-1 category typically stays current year-round, applicants could potentially receive a green card via EB-1 several months or years prior to receiving a green card via an NIW. It is very common for a client to retain us first for an NIW and then later add an EB-1. In 2009, we had over 430 NIW and 210 EB-1 approvals.
We encourage those applicants who already qualify for an EB-1 to apply. With economic recovery in sight, the volume of applicants could increase dramatically this year. Even though the EB-1 category typically stays current, there is no way we can guarantee that. As such, prospective applicants should not delay in submitting a petition.
If you are interested in contacting us for a free consultation, please call our offices at 1-800-230-7040 or email us at email@example.com. One of our experienced attorneys will meet with you to discuss your options.
At Zhang and Associates, P.C., our ultimate goal is to help you succeed in your immigration endeavors. There is a popular saying that goes “patience is a virtue”. However, in our line of work, we like to joke that “patience is visa backlog”!
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 fourteen 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 (firstname.lastname@example.org) for a free evaluation.
Zhang & Associates, PC.
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