Immigrant Daily

Visa Bulletin – August 2009

The August 2009 Visa Bulletin issued by the U.S. Department of State has 2 changes from the last month. The cut-off dates for China and India have a forward movement of 2 years and 9 months from January 01, 2000 to October 01, 2003. All other categories remain the same as last month. However, according to the State Department, the heavy applicant demand for numbers in the Employment Fourth preference is likely to require the establishment of a cut-off date, or the preference becoming “Unavailable” for September 2009.   This action would be necessary to keep visa issuances within the annual preference numerical limits.    The preference can be expected to return to a “Current” status for October, the first month of the new fiscal year.

Summary of Visa Bulletin for EB categories

Employment-Based, First Preference (EB-1)
This category remains current for all countries of chargeability.

Employment-Based, Second Preference (EB-2)
This category has a forward movement for China and India by 2 years and 9 months. The cutoff dates for all other countries of chargeability remain current.

Employment-Based, Third Preference (EB-3)
This category continues to remain unavailable for all countries of chargeability. The high demand for immigrant visa numbers and a large number of cases with older priority dates are major reasons for EB-3 category becoming unavailable.

The EB-3 (Other Workers) category is also unavailable for all countries of chargeability for rest of the FY2009.

Employment-Based, Fourth Preference (EB-4)
This category remains current for all countries of chargeability.

The EB-4 (Certain Religious Workers) visa category became current for all countries of chargeability.

Fifth (EB-5) / Religious Workers, Targeted Employment and Pilot Programs
This category remains current for are all countries.

The EB-5 (Targeted Employment Areas/Regional Centers) visa category remains current for all countries.

Employment-Based Preferences

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.