The Department of State released the latest Visa Bulletin for September 2008 on August 13. The cut-off dates in EB-2 for applicants born in mainland China and India moved forward 2 months. EB-1 and EB-3 remain unchanged. There are visa numbers available in EB-1 and no visa numbers available in EB-3 for all chargeability areas.

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

For people born in mainland China:
EB-1: Current (Current)
EB-2: August 1, 2006 (June 1, 2006)
EB-3: Unavailable (Unavailable)

For people born in India:
EB-1: Current (Current)
EB-2: August 1, 2006 (June 1, 2006)
EB-3: Unavailable (Unavailable)

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

It is understandable that cut-off dates for EB-2 only moved ahead two months after a big leap in last month. Overall, we have seen a decent progress in the visa bulletin for EB-2. In January 2008, there was a 5-years retrogression in EB-2 for China and 8-years retrogression for India, but now, the retrogression is only 2 years. Of course we cannot expect the visa bulletin always move in such a favorable speed. We still remember the frustration and hesitation our clients expressed about the visa bulletin early in this year. However, the situation is indeed improving recently.

One should definitely take into consideration of the current visa bulletin status when he/she chooses the immigration path. Now, and actually for the most of time, EB-1 doesn’t have retrogression in the visa bulletin and there are visa numbers available for applicants from all chargeability areas. Therefore, for applicants born in mainland China and India, whose visa numbers are not currently available in EB-2, EB-1 represents a significant advantage. There are some misunderstandings about the requirements of EB-1. Many aliens think it require the applicant to have a doctoral degree for EB-1(b). That is not necessarily true. What matters is the applicant’s qualification, including publications, citations, awards, and so on. We have helped many aliens without a doctoral degree successfully apply green card in EB-1(b). For more details, please refer to the case at the end of this article.

In practice, NIW does have a little bit lower requirements compared to EB-1. It belongs to EB-2, so it is constrained by the visa bulletin and applicants from mainland China and India cannot file I-485 applications when visa numbers are unavailable. However, we don’t think this is a disadvantage. The progress of the visa bulletin is hard to predict. Sometimes, it moves fast, sometimes it stagnates. The only thing the applicants can do is to put your case in the queue line. When visa numbers become available, those applicants who already have their I-140 petitions submitted can immediately file the I-485 petitions.

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

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Case: Master’s researcher EB-1(b) Green Card Approved within One Year.
http://www.hooyou.com/news/news073108EB-1b.html

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, PC.
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Tel：1-800-230-7040, 713-771-8433
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