Visa Bulletin for December 2007 Shows Major EB-2 Retrogression For China and India-born Aliens

The Department of State released the latest Visa Bulletin for December 2007 on November 15. The most notable development reflected in this Visa Bulletin is a major retrogression of the cutoff date for Chinese and Indian EB-2 cases.  The cutoff date for EB-2 applications from aliens born in mainland China fell back three years; the date for applications from aliens born in India fell back two years and three months.  This major setback in processing estimates is most likely due to statistical reports that more accurately reflect the surge of I-485 filings that occurred in July and August, 2007.

Fortunately, first-preference employment based immigration applications remain current for all countries, and second-preference applications are current for all countries except China and India.  Third-preference employment based applications have all moved up between two and six weeks since November’s bulletin, with the exception of Mexico, which showed no change.

Despite this setback for EB-2 applicants, the cutoff dates could swing forward again.  It is reasonable to believe that the USCIS is being conservative with their estimates, and that recent filing fee increases may result in improved processing times in the future.  However, due to the large backlog, we suggest that China and India-born applicants file in the EB-1 category, which remains current for all countries, if at all possible.

The following are the December 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

01JAN02

Current

Current

3rd

01SEP02

15OCT2001

01MAY01

22APR01

01SEP02

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(11/16/2007)

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