October 2008 Visa Bulletin: EB-3 Reprive for all but India, China

The October 2008 Visa Bulletin, released by the U.S. Department of State (DOS), spells good news for all EB-3 Skilled and Unskilled Workers from around the world except for India and China. The EB-3 category has been labeled “unavailable” for a couple of moths. While we had earlier predicted that October will ease the situation for all, it seems that Indian and China will have to contend with severe retrogressed dates for now. It is also rumored that the EB-2 numbers for India and China EB-2 is most likely to become unavailable midway through September 2008. The October Visa Bulletin will come into effect from October 1, 2008.

Employment Based Categories

EMPLOYMENT CATEGORIES

Categories Worldwide China (PRC) India Mexico Philippines
1st Current Current Current Current Current
2nd Current 04-01-04 04-01-03 Current Current
3rd 01-01-05 10-01-01 07-01-01 07-01-02 01-01-05
Unskilled 01-01-03 01-01-03 01-01-03 01-01-03 01-01-03
4th Current Current Current Current Current
Religious Current Current Current Current Current
5th Current Current Current Current Current
  • EB-1 (Priority Workers)
  • EB-2 (Advanced Degrees Holders or Persons of Exceptional Ability)
  • · EB-3 (Skilled Workers, Professionals, and Other Workers)
  • · EB-4 (Special Immigrants)
  • · EB-5 (Immigrant Investors)

Family Based Categories

FAMILY CATEGORIES

Categories Worldwide China (PRC) India Mexico Philippines
1st 04-15-02 04-15-02 04-15-02 09-08-92 04-01-93
2A 01-01-04 01-01-04 01-01-04 05-01-01 01-01-04
2B 12-15-99 12-15-99 12-15-99 04-22-92 05-08-97
3rd 06-22-00 06-22-00 06-22-00 09-15-92 05-01-91
4th 10-22-97 05-01-97 05-22-97 01-15-95 03-08-86
  • F – 1 (Unmarried Sons and Daughters of Citizens)
  • F – 2A (Spouses & Children)
  • · F – 2B (Unmarried Sons and Daughters)
  • F – 3 (Married Sons and Daughters of Citizens)
  • F – 4 (Brothers and Sisters of Adult Citizens)

Predictions – Employment based numbers likely to face the axe

While F-2A numbers for Mexico will become available this October, the bulletin predicts heavy retrogression in the first quarter of the coming FY at least.

The employment based categories, specially EB-2 and EB-3 are probably going to retrogress or become unavailable for certain countries in the near future. According to the Bulletin, this will happen because many of these categories have move forward rapidly in FY-2008, resulting in near depletion of numbers and long backlogs of prior cases. So, it is being predicted that very little forward movement will be seen across the employment based categories, It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.