The U.S. Department of State (DOS) recently released its November 2007 Visa Bulletin. The November 2007 Visa Bulletin surprised many employers and foreign nationals because it does not advance any of the employment-based immigrant visa categories. The DOS stated in the Visa Bulletin that it did not advance any of the categories because it is still "too early to see what impact the movement of the cut-off dates towards the end of fiscal year 2007 (October 1, 2006 through September 30, 2007) may have on demand." If the DOS does not more rapidly move the most the employment-based immigrant visa categories within the next few months, it may have to again make all the categories Available in order to ensure that all of the available employment-based immigrant visa numbers are used before the end of fiscal year 2008 (September 30, 2008).

The following is a comparison of some of the employment-based immigrant visa categories since the categories first retrogressed in October 2005:

The DOS has informally indicated that it believes that visa availability for October 2007 should closely match the availability in the September 2007 Visa Bulletin in the EB-1 and EB-2 categories for all countries. However, the cut-off dates for October 2007 in the EB-3 preference category may be comparable to those found in the January 2007 Visa Bulletin. Additionally, the DOS informally predicts that the EB-3 Other Worker category will have a cut-off date around October 2001 in the October 2007 Visa Bulletin.

The DOS has warned that these cut-off dates could retrogress in the future if demand in various categories signifi-cantly increases. Please note that prior to July 2007, the EB-1 and EB-2 World categories were Current and thus did not have a cut-off date. However, it appears that these categories will have a cut-off date at least through the end of October 2007, if not for a longer time.

Please note that foreign nationals may not commence (or complete) the last stage of the employment-based immigrant visa process until their priority date becomes available. Therefore, although many foreign nationals were able to apply for adjustment of status pursuant to the DOSEJuly 2007 Visa Bulletin (as described in the article above), they may not be able to complete the employment-based immigrant visa process for possibly many years until their priority date again becomes available.