The U.S. Department of State (DOS) recently released its August 2009 Visa Bulletin. As previously indicated by the DOS, the EB-3 category remains Unavailable and will continue to remain Unavailable at least until the beginning of the government’s next fiscal year on October 1, 2009. Last month, the DOS severely retrogressed the EB-2 category for Indian and Chinese nationals. However, in the August 2009 Visa Bulletin, the DOS significantly advances both categories to October 2003. The DOS has previously warned that the EB-2 category may become Unavailable for Indian and Chinese nationals for the remainder of the government’s fiscal year. However, with the advancement of the categories this month, it appears that the DOS has determined that there may be sufficient availability so that the DOS does not have to make the categories completely Unavailable until the beginning of the government’s next fiscal year.

The following is an overview of how the various employment-based preference categories have either progressed or retrogressed since the beginning of the current retrogression in October 2005.