The Department of State (DOS) issued the May 2009 Visa Bulletin, making the Employment-Based 3rd Preference (EB-3) category unavailable across the board. This retrogression came on the heels of the April Visa Bulletin in which the cut-off dates for India and China natives advanced but the “all chargeability “cut-off date” in the EB-3 category retrogressed significantly. DOS stated that the cut-off dates for the EB-3 category

were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits. Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high. As a result, these annual limits have been reached and both categories have become 'Unavailable.'

DOS notes that visa availability in the EB-3 category will resume in October, the first month of the new fiscal year.