Visa Bulletin Jumps Forward for Some in Employment-Based Third Preference Category

The May 2007 Visa Bulletin shows priority dates will move forward a full year, from August 1, 2002 to August 1, 2003 in the employment-bases third preference category for all countries other than China, India and Mexico. The State Department, in advancing the priority dates, explained that that both the US Citizenship and Immigration Service (USCIS) and the US Department of Labor have a significant amount of backlogged cases. The Department of Labor alone recently announced it has over 96,000 labor certification cases pending As such, demand for visas was not as great as anticipated and the State Department moved up its current processing dates.

To file for adjustment of status in the US or to consular process, the visa bulletin must show the priority date for the individual as current. Therefore, an I-485 can not be filed until May 1, 2007 for those whose priority date will become current. The priority date must be current at the time an adjustment of status case is filed and at the time the USCIS or Consul adjudicates the case.

Priority dates in the Family based preference categories have moved forward slightly or remained the same, except for FB 1 and FB 2A for Mexico, which retrogressed significantly.

Here is a link to the current Visa Bulletin. http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html
Those with current priority dates should contact their attorney about proceeding to the next step of their case, either adjustment of status or consular processing.