Visa Bulletin of July ’08: EB-3 Unavailable

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    Hooyou 222.***.11.55 2887

    The Department of State released the July Visa Bulletin on June 10. After a moderate leap in the last month, EB-2 for applicants born in China and India shows no change at all. Moreover, EB-3 visa numbers have been exhausted in last month, and it become unavailable for applicants from all over the world.

    The following are cut-off dates for employment-based immigration petitions. The dates in parentheses are the cut-off dates from last month.

    For people born in mainland China:
    EB-1: Current (Current)
    EB-2: April 1, 2004 (April 1, 2004)
    EB-3: Unavailable (March 22, 2003)

    For people born in India:
    EB-1: Current (Current)
    EB-2: April 1, 2004 (April 1, 2004)
    EB-3: Unavailable (November 1, 2001)

    For all chargeability areas except China, India, Mexico, and Philippines:
    EB-1: Current (Current)
    EB-2: Current (Current)
    EB-3: Unavailable (March 1, 2006)

    The situation for EB-3 has been the worst in the visa bulletin for a long time. Now it becomes unavailable again. This is because visa numbers in this category are widely oversubscribed. Therefore, many aliens, especially those from China and India show little interest in EB-3. However, this is a misunderstanding. Although visa numbers are not available for the current time, applicants can still take advantage of EB-3 PERM application to get an earlier priority date, and thus transfer this priority date to other EB immigration categories in the future. In addition, filing an EB-3 PERM application can also help H-1B extension after the 6-year maximum term. For details about these advantages, please refer to our article (http://www.hooyou.com/news/news052608perm.html). Please note, visa number “unavailable” means the applicants cannot file I-485 applications, they can still file PERM applications.


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