Department of State Issues March 2008 Visa Bulletin—Significant Forward Movement for Some EB-3 Categories

The United States Department of State (DOS) has released its March 2008 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust status to permanent resident or obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided their priority dates are before the cut-off dates specified by the DOS.

What Does the March 2008 Visa Bulletin Say?

EB-1: For March 2008, all EB-1 categories are current.

EB-2: Priority Dates are current for foreign nationals in the EB-2 category from all countries except China and India.

For March 2008, there has been forward movement for Chinese nationals. India remains unavailable.

China: December 1, 2003 (forward movement of 11 months)
India: The annual limit for Indian nationals in the EB-2 category has been reached and will remain unavailable for the rest of the fiscal year.

Priority date cut-offs for nationals of all other countries in the EB-2 category are current.

EB-3: Significant forward movement for some countries in the EB-3 category.

For March 2008, the relevant priority date cut-offs for foreign nationals in the EB-3 category are as follows:

China: December 1, 2002 (forward movement of one year and two weeks) 
India: August 1, 2001 (forward movement of almost three months)
Mexico: May 1, 2001 (forward movement of one week)
Philippines: January 1, 2005 (forward movement of more than two years)
Rest of the World: January 1, 2005 (forward movement of more than two years)

How This Affects You

Priority date cut-offs are assessed on a monthly basis by the DOS based on anticipated demand. Cut-off dates can move forward, backward, or remain static. Employers and employees should take account of the immigrant visa backlogs in their long-term planning and take measures to mitigate their effects. To see the March 2008 Visa Bulletin in its entirety, please visit the U.S. Department of State website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html#.

Morgan Lewis will continue to monitor developments and will update you with any new information. If you have any questions about any of the issues raised in this Morgan Lewis Immigration Alert, please contact:

San Francisco
A. James Vázquez-Azpiri
415.442.1343
ajvazquez@morganlewis.com

Lance Nagel
415.442.1345
lnagel@morganlewis.com
 
Washington, D.C.
Eleanor Pelta
202.739.5050
epelta@morganlewis.com

Eric S. Bord
202.739.6040
ebord@morganlewis.com

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