Charles Oppenheim of the Department of State (DOS) Visa Office advises news about the movement of priority dates in the future. He estimates that all 140,000 employment based immigrant visa numbers will be used this fiscal year (10/1/08 through 9/30/09). Other significant points include:
- The employment-based 4th preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 09, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
- The employment-based 5th preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
- The surge in employment-based 4th and 5th preference numbers is significant beyond those specific categories. Historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based 1st and 2nd preference categories. This has allowed the China and India cut-off dates to advance further than would be possible if those categories were finished at their annual limits. This means EB1 and EB2 immigrants from China and India could have an even longer wait to obtain green cards.
- The EB1 category (extraordinary ability, outstanding researchers and multinational managers) worldwide will remain current the rest of the fiscal year but demand is high.
- The EB1 categories for India and China will be current during the month of June 09, but could require a cut-off date in Aug. or Sept. should EB1 demand remain heavy. China and India have benefited from the excess EB1 numbers for all other countries. However, because of the high demand from other countries this year, there are fewer numbers to "fall across" to India and China.
- EB2 (MS or BS + 5 yrs exp.) India. The prognosis is grim. For June 09, the cut-off date is 1/1/2000, and the category may become unavailable completely in Aug. or Sept. 09. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the DOS only awaiting a visa number. India, as are all other countries, has a limit of 2,800 EB2 numbers available per year plus the "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers, if there are any leftover numbers. Translated, the waiting time for Indian EB2 applicants can be measured in years, even decades, without legislative relief.
- EB2 (all other workers) China. The prognosis is equally grim. As of July 09, the cut-off date will be 1/1/2000 and the category may become unavailable completely in Aug. or Sept. 09. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the DOS only awaiting a visa number to be approved. China, as are all other countries, has a limit of 2,800 EB2 numbers available per year plus the "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers, if there are any leftover numbers. Translated, the waiting time for India born EB2 applicants may be measured in years, without legislative relief.
- EB3 worldwide will be unavailable the remainder of this fiscal year. As the DOL cleared up its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. As of 10/1/09, the DOS currently estimates the EB3 worldwide cut-off date will be 3/1/03. There will be extended delays in this category.
- EB3 visas for India, China and Mexico applicants will be unavailable this fiscal year. It is estimated, based on current demand for visa numbers that as of 10/1/09, the following cut-off dates could be established: China will be 3/1/03; India will be 11/1/01; and Mexico will be 3/1/03.
- There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the DOS awaiting a visa number.
- There are 2.7 million family based applicants on the waiting lists for consular processing. This information was listed in the March Visa Bulletin.
- There could be approximately 50,000 employment based applicants on the waiting lists for consular processing.
- Currently almost 90% of all employment based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
The solution to this long backlog is to advocate that Congress add more visa numbers or exempt spouses and children from needing a visa number. For those who can afford it, the EB-5 (investor) category is looking better all the time. See our web page http://www.aboutvisas.com/ for details on all these visa categories and the EB-5.
Martin
3 comments:
The eb5 investor visa is indeed gaining in popularity as awareness rises and the dollar weakens. There is no other visa that offers such a beneficial entry for these immigrants. It helps local economies, puts people to work, and provides immigrants with a permanent home. Win, win, win.
It will be interesting to see what effect the new startup visa, currently before congress, will have upon the availability of the eb5 visa program. Will people who would have otherwise applied for an eb5 apply for a startup visa? Time will tell, if the bill does in fact go through.
EB-5 Immigrant Investor Program will provide Investors with an opportunity to obtain permanent residency in the U.S. through attractive investment opportunities.
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