The U.S. Department of State (DOS) recently released its Visa Bulletin for September 2009. 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. In July of 2009, the DOS severely retrogressed the EB-2 category for Indian and Chinese nationals. However, the current Bulletin shows advancement in both categories back to pre-July dates. 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.

Additional information about the advancement of the employment-based immigrant visa priority dates will be contained in our firm's future Immigration Updates when they become available. The current Visa Bullet is available at: