Priority Date Retrogression

DOS has released the Visa Bulletin for August 2005.
DOS release advises that due to high demand, “it might be necessary to establish an Employment Second preference cut-off date for September to keep visa issuances within the annual numerical limits set by law. If required, such a cut-off date is likely to be limited to the China-mainland born and India chargeability areas.” As of October 1, 2005 (the first day of the 2006 fiscal year), early cut-off dates will be imposed in the first (EB-1) and second (EB-2) employment-based immigrant visa categories for nationals of China and India, and for all countries in the third (EB-3) category. This is the first time in several years that there have been priority date backlogs in the EB-1 and EB-2 categories. We have observed that EB-3 category moved a bit in an improvement over the current situation (where EB-3 immigrant visa numbers are completely unavailable except for Schedule A workers), it means that for many foreign nationals, there may only be a very small window of opportunity during which they will be eligible to apply for adjustment of status to permanent residence; the cut-off dates could retrogress if demand is high.