The U.S. Department of State (DOS) recently released its October 2008 Visa Bulletin. In October 2008, the start of the government’s new fiscal year, the visa numbers will not return to the June 2008 cut off dates as anticipated. Instead, there will be significant retrogression in most of the employment based preference categories due to the uncertainty surrounding how many visa numbers the USCIS requires based on its current backlog of old priority date cases. The EB-3 World, EB-3 China, EB-3 India and EB-3 Other Workers will all go from being unavailable to available. However, the EB-3 World, EB-3 China and EB-3 India will all experience significant retrogression from the June 2008 Visa Bulletin. Finally, the EB-2 China and EB-2 India categories were experiencing significant advancement in the past several months. However, both categories have experienced retrogression. EB-2 China has returned to the June 2008 Visa Bulletin cut-off dates, while EB-2 India has retrogressed to April 2003. The EB-3 Other Worker category has returned to the June 2008 Visa Bulletin cut-off dates. The following is a comparison of the employment-based immigrant visa category advancements since the beginning of the most recent period of retrogression:

Please see table.

Additional information about the advancement or retrogression of the employment-based immigrant visa categories will be contained in our firm’s future Immigration Updates when it becomes available.