Visa Bulletin for February 2008: Visas Become “Unavailable” for India-Born EB-2, Little Movement Otherwise

The Department of State released the latest Visa Bulletin for February 2008 on January 10, 2008. The most notable development reflected in this Visa Bulletin is the retrogression of Indian EB-2 cases.  Whereas last month the cutoff date for these cases was listed as January 1, 2000, now they are listed simply as “U”, or “Unavailable.”

The cut off date for Chinese EB-2 cases did not change, remaining at Jan. 1, 2003.

The only actual movement of cutoff dates came in the EB-3 category.  China, the Philippines and “Other Countries” all moved ahead one and a half weeks, while India moved ahead seven days.

The retrogression of Indian EB-2 cases to “unavailable” status is yet another disappointing result for India-born immigrants, though hardly an unexpected development considering the recent reversal in the cutoff date for that country. The failure to see any real progress in EB-2 applications among all countries probably reflects a further readjustment of estimates based on new data.

 In light of the current situation, we again reiterate the advice stated in our December Visa Bulletin Update, and suggest that China and India-born applicants file in the EB-1 category, which remains current for all countries, if at all possible.

When we do not expect a big leap forward of cutoff date movement in the near future, we do believe that the cutoff date will start move in the near future.

Again, please be reminded, immigrant visa number does not impact your eligible to file I-140 petition or PERM petition.  However, you may not able to file I-485 adjustment or applying for an immigrant visa until visa number becomes available to you.

The following are the February cut-off dates for employment-based immigration petitions.

 

All Charge-ability Areas Except Those Listed

CHINA – mainland born

INDIA

MEXICO

PHILIPPINES

Employment-Based

 

 

 

 

 

1st

Current

Current

Current

Current

Current

2nd

Current

01JAN03

Unavailable

Current

Current

3rd

01NOV02

15NOV01

08MAY01

22APR01

01NOV02

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(01/11/2008)

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