The Department of State released the latest Visa Bulletin for December 2007 on November 15. The most notable development reflected in this Visa Bulletin is a major retrogression of the cutoff date for Chinese and Indian EB-2 cases. The cutoff date for EB-2 applications from aliens born in mainland China fell back three years; the date for applications from aliens born in India fell back two years and three months. This major setback in processing estimates is most likely due to statistical reports that more accurately reflect the surge of I-485 filings that occurred in July and August, 2007.
Fortunately, first-preference employment based immigration applications remain current for all countries, and second-preference applications are current for all countries except China and India. Third-preference employment based applications have all moved up between two and six weeks since November’s bulletin, with the exception of Mexico, which showed no change.
Despite this setback for EB-2 applicants, the cutoff dates could swing forward again. It is reasonable to believe that the USCIS is being conservative with their estimates, and that recent filing fee increases may result in improved processing times in the future. However, due to the large backlog, we suggest that China and India-born applicants file in the EB-1 category, which remains current for all countries, if at all possible.
The following are the December cut-off dates for employment-based immigration petitions.
All Charge-ability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
Employment-Based
1st Current Current Current Current Current
2nd Current 01JAN03 01JAN02 Current Current
3rd 01SEP02 15OCT2001 01MAY01 22APR01 01SEP02