The U.S. Department of State (DOS) recently released its October 2007 Visa Bulletin. As anticipated, the October 2007 Visa Bulletin continues to severely retrogress the EB-3 World category, the EB-3 Chinese national category, the EB-3 Indian national category, the EB-3 Mexican national category and the EB-2 Indian national category. In September 2007, the EB-3 Chinese national, Indian national and Mexican national were Unavailable. Additionally, the October 2007 Visa Bulletin makes the EB-1 category for all nationalities, the EB-2 World category, the EB-4 category for all nationalities and the EB-5 category for all nationalities Available again. Furthermore, the October 2007 Visa Bulletin reestablishes a priority cut-off date for the EB-3 Other Workers category, although the priority date is significantly retrogressed at October 2001.

In the October 2007 Visa Bulletin, the DOS does not provide any information about how it believes the employment- based immigrant visa categories will advance in the future. However, it is assumed that the DOS will have to more aggressively advance these categories in the future in order to avoid a repeat of having to make all the categories available in order to ensure that the number of employment-based immigrant visas which are allocated each fiscal year are entirely used. However, at least for the month of October 2007, the DOS is taking a very conservative approach to visa availability by establishing cut-off dates which were similar to those established back in January 2007.

The following is a comparison of the priority date cut-offs since retrogression occurred in the employment-based immigrant visa categories:

Additional information about how the DOS will be managing visa availability in fiscal year in 2008 (October 1, 2007 through September 30, 2008) will be contained in our firm’s future Immigration Updates when it becomes available