DOS Remarks on Outlook for Employment-Based Visa Numbers

According to American Immigration Lawyers Association, Department of State (DOS) said that it has seen a decrease in demand for employment-based visa numbers for USCIS adjustment of status cases. This has resulted in the rapid advancement of the established cut-off dates. DOS does not want to be in a position where there are large amounts of numbers available for use late in the fiscal year, and no enough time to make use of them. But, if the USCIS demand does materialize, it may be necessary for DOS to hold or retrogress (at some point) those dates. Below are DOS' comments on the outlook for employment-based numbers.

Worldwide Employment First and Second preference: Based on the current level of number use in the Employment First and Second preference categories, there will be no need to impose a cut-off date for the categories. While the First preference number use is relatively close to DOS target, the Second preference is significantly below DOS target.

Third preference: DOS had been concerned that the amount of 245(i) filings during March/April 2001 would result in a large concentration of demand, and limit movement of the cut-off date. So far this has not been the case; it may be that such cases (if they exist in large numbers) are still in the DOL backlog center.

Employment First and Second preference for China and India : The same lack of demand comments apply to these First and Second preference cut-offs. This has resulted in the rapid advancement of the China and India cut-offs, which DOS expects to continue for the next several months.

China Third preference: Should stay at the worldwide date.

India Third preference: This cut-off should continue to move, but such movement may become more limited.

In the past months, visa number cut-off dates for the Employment First and Second preference categories for Chinese and India have moved significantly. According to DOS visa Bulletin, EB-1 for Chinese moved 18 months and EB-2 for Chinese moved 14 months during the past two months.

(01/27/2006)

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