The Department of State released the latest Visa Bulletin for November 2008 on October 14. The cut-off dates for EB-2 applicants born in mainland China and India has moved forward 2 months. EB-1 remains unchanged as there are still visa numbers available in that category.

The following are the cut-off dates for employment-based immigration petitions. The dates in parentheses are the cut-off dates for October 2008.

For people born in mainland China:
EB-1: Current (Current)
EB-2: June 1, 2004 (April 1, 2004)
EB-3: February 1, 2002 (October 1, 2001)

For people born in India:
EB-1: Current (Current)
EB-2: June 1, 2003 (April 1, 2003)
EB-3: October1, 2001 (July 1, 2001)

For all chargeability areas except Mainland China, India, Mexico, and Philippines:
EB-1: Current (Current)
EB-2: Current (Current)
EB-3: May 1, 2005 (January 1, 2005)

One should definitely take into consideration the status of the current visa bulletin when one chooses an immigration path. Most of time, as is the case currently, the EB-1 category does not have visa bulletin retrogression and has visa numbers available for applicants from all chargeability areas. Thus, for applicants born in mainland China and India without available EB-2 visa numbers, EB-1 has a significant advantage. Many aliens have misunderstandings regarding EB-1 requirements. It is often thought that an applicant must have a Ph.D. to be eligible for EB-1, which is not necessarily true. What matters are the applicant’s qualifications, including publications, citations, awards, and so on. We have helped many aliens without a Ph.D. degree successfully apply for their green card under the EB-1(b) category.

Progression of the visa bulletin is hard to predict. Sometimes, it moves fast; at other times, it stagnates. The only thing applicants can do is get their case in the queue line. When visa numbers become available, those applicants who already have their I-140 petitions submitted can immediately file their I-485 petitions.

Overall, it is always advantageous to file an immigration petition as early as possible, regardless of the visa bulletin status. Fortune favors the prepared.