Saturday, September 1, 2012

EB-2 China and India cutoff dates are still unavailable

I am sorry to say that if you are waiting for your EB-2 priority date to become current, and you were born in China or India, you will still need to wait longer. The State Department visa bulletin for September 2012 was just published, and it continues to show that cutoff dates for EB-2 green cards are still unavailable.

The employment-based figures, available also at ww.travel.state.gov/visa/bulletin/bulletin_5759.html, appear below:


MPLOYMENT-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 Pub. L. 102-395.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2nd01JAN09UU01JAN0901JAN09
3rd01OCT06 15DEC05 08OCT0201OCT0601AUG06
Other Workers01OCT0622JUN0308OCT0201OCT0601AUG06
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
CCCCC
*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
6.  The Department of State has a recorded message with visa availability information which can be heard at:  (202) 663-1541.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

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