May 2009 Visa Bulletin – EB-3 Unavailable; EB-2 Unchanged

The May 2009 Visa Bulletin has been released.  Unfortunately, and as expected, all EB-3 categories are now “unavailable.”  Also, there is no movement in all EB-2 categories.  Here is a summary of the May 2009 Visa Bulletin:

• EB-1 remains current across the board.
• EB-2 remains unchanged for all categories - EB-2 ROW (Rest of World) is current, EB-2 China remains February 15, 2005, and EB-2 India remains February 15, 2004.
• EB-3 applicants is unavailable for all categories.
• Other worker applicants are also unavailable.

The cut-off dates for the EB-3 and “Other Worker” categories were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits.   Despite these efforts, the amount of demand received from USCIS for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high.  As a result, these annual limits have been reached and both categories have become “unavailable.”    Visa availability in these categories will resume in October, the first month of the new fiscal year.

Please contact our office and we would be happy to evaluate your case and advise on the possibility of using or refiling your case in the EB-2 category.