Employment-Based Immigrant Visa Availability
In the December 2009 Visa Bulletin, the U.S. Department of State announced that employment-based (EB) immigrant visas in the following categories are available, subject to priority date cut-offs.
The U.S. Citizenship and Immigration Services (USCIS) will accept I-485 adjustment applications for permanent residence in December 2009 for the following EB immigrant categories with priority dates before the listed date:
EB-1 (Outstanding Professors/Researchers)
- All countries: Current
EB-2 (Professionals with Advanced Degrees; labor certfication required)
- China: April 1, 2005
- India: January 22, 2005
- Mexico: Current
- Philippines: Current
- All other countries: Current
EB-3 (Professionals; labor certification required)
- China: June 1, 2002
- India: May 1, 2001
- Mexico: June 1, 2002
- Philippines: June 1, 2002
- All other countries: June 1, 2002
What does this mean?
"Current": You may file I-485s concurrently with the employer’s I-140 OR if you have an approved I-140, you can now file the I-1485 application during this Visa Bulletin’s month.
"Unavailable": No immigrant visas in this employment-based category are available. USCIS will not accept any I-485 applications for this category during this Visa Bulletin’s month.
Date is given: Immigrant visas are available for individuals with a priority date before the given date.
- If your priority date is before the date listed for your EB category and you have an approved I-140 petition, you may file an I-485 application or be eligible for an immigrant visa if you are consular processing instead of filing an I-485 application.
- If your priority date is on or after the date listed, you cannot file your I-485 or get an immigrant visa at a consulate at this time. You must maintain nonimmigrant status to remain in the U.S.
What is a priority date?
Your priority date is the date on which your permanent labor certification application was received by the U.S. Department of Labor OR, if you did not require labor certification, the date your I-140 petition was received by USCIS.
What if I was born in China/India, but am now a citizen of another country?
Visa numbers are based on your country of birth, regardless of your current citizenship. However, if your spouse was born in another country that is not subject to the backlog at this time, you can "cross-charge" your I-485 application to your spouse’s country (this is known as "alternate chargeability").
What if my I-485 is already pending with USCIS?
If you already have a pending I-485 application with USCIS, you will continue to be able to apply for and/or to renew your work and travel permits while the backlog continues.
What if my labor certification application is still pending?
Your priority date determines when you will be able to file your I-485. If your labor certification application is still pending, you may be able to file your I-140 and I-485 after the labor certification is approved, depending on what the backlog date is for your country at that time. Also see next question below.
What if I'm about to reach the 6-year maximum in H-1B status?
If your labor certification application or your Form I-140 immigrant petition has been pending for at least 365 days, UH can extend your H-1B status for one year at a time beyond the normal 6-year maximum in H-1B status.
Once your I-140 has been approved, if your country is still backlogged so you cannot file your I-485, your H-1B status can be extended for up to 3 years.
Will these backlog dates change?
Yes, they will eventually change. It is also possible that they may retrogress further. To stay informed about the dates, you may wish to check the monthly Visa Bulletin published by the Department of State.
[Sources: C. Burke, NAFSA:AIE; DOS Visa Bulletin]
