Visa Bulletin – October 2009

September 15, 2009 – 7:21 am
dos-logo All Charge-ability Areas
Except Those Listed
CHINA-
mainland born
INDIA MEXICO PHILIP-PINES
Employment-Based
1st C C C C C
2nd C 22MAR05 22JAN05 C C
3rd 01JUN02 22FEB02 15APR01 01MAY02 01JUN02
Other
Workers
01JUN01 01JUN01 15APR01 01JUN01 01JUN01
4th C C C C C
Certain Religious Workers U U U U U
5th C C C C C
Targeted Employment Areas/
Regional Centers
C C C C C
5th Pilot Programs U U U U U

The October 2009 Visa Bulletin issued by the U.S. Department of State has several changes from the last month. The cut-off dates for China and India in EB-2 category have a forward movement of 2 months and 14 months and 14 days respectively. The EB-3 and EB-3 (Other Workers) categories have new cut-off dates. As indicated in our previous visa bulletin update, the EB-4 category is back in “Current” status. The EB-5 (Pilot Programs) category has become Unavailable.

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 months and 14 days and 14 days respectively with March 22, 2005 and January 22, 2005 as the new cutoff dates. The cutoff dates for all other countries of chargeability remain current.

Employment-Based, Third Preference (EB-3)
This category is back with the new cut-off dates for all countries of chargeability.

The EB-3 (Other Workers) category is also back with the new cut-off dates for all countries of chargeability for rest of the FY2009.

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

The EB-4 (Certain Religious Workers) visa category remains Unavailable 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 became Unavailable 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.

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