October 2008 Visa Bulletin – EB-2 and EB-3 Retrogress

The October 2008 Visa Bulletin is out.  Unfortunately, it does not bring much, if any, good news.  The most important change in October 2008 is the retrogression of EB-2 India and EB-2 China.   Based on predictions of the demand of these categories, the cutoff dates have been moved, effective October 1, 2008, as follows: for EB-2 China - from August 2006 by more than two years, to April 2004; for EB-2 India - from August 2006 by more than three years, to April 2003.

This significant retrogression for EB-2 China  and EB-2 India means that employment-based petitions for these two countries face very significant backlogs.  More importantly, the unavailability of visa numbers for EB-2 India and China means that even fewer highly qualified applicants would be unable to file their adjustment of status (I-485) petitions and avail their families of work and travel authorizations.

As we have discussed throughout the summer, the new fiscal year start on October 1, 2008, “opens” EB-3 categories which were unavailable since June.  The EB-3 category also brings bad news.  EB-3  China retrogressed from March 2003 in June to October 2001 now.  EB-3 India retrogressed from November 2001 in June to January 2001 now.  Finally, EB-3 Worldwide retrogressed from March 2006 in June to January 2005 now.  This means that a large number of EB-3 petitioners would remain pending for at least a significant period of time.