The Department of State Visa Bulletin for August 2008 has some extremely good news and extremely bad news!   The good news is that the employment-based second preference category (EB2) for India and China has leaped forward from a cut-off date of April 1, 2004 in July 2008 to a cut-off date of June 1, 2006 for the month of August 2008.

What this means is that persons, otherwise to file an application for adjustment of status through filing an I-485 application with USCIS, or eligible for an immigrant visa, may file I-485 applications during August 2008 if the established priority date is prior to June 1, 2006.  Of course, tens of thousands of I-485 applications are expected to be filed during August.  It is not yet known whether the June 1, 2006 cut-off (priority) date will continue through September.  Thus, all eligible persons should file adjustment applications during August 2008.

The bad news is that both employment based third preference and employment based "other worker" categories are expected to be unavailable worldwide until October 1, 2008.

During fiscal year 2009 (October 1, 2008 through September 30, 2009), movement in the India and China EB2 and EB3 categories will be slow.  In fiscal year 2009, there will be a worldwide limit of 140,000 to 145,000 employment based immigrant visas, approximately 17,000 fewer employment based immigrant visa numbers that are available during the current fiscal year 2008.  

As of October 1, 2008, the June 1, 2008 cut-off dates are expected to apply to EB3 and EW cases worldwide.  This means that applicants worldwide, including India and China, who established an EW priority date prior to January 1, 2003, will again be current as of October 1, 2008.  

The EB3 cut-off date worldwide will be March 1, 2006; with the exception of China, India, Mexico and the Philippines.  The China EB3 cut-off date is expected to be March 22, 2003 as of October 1, 2008; the India EB3 cut-off date is expected to be November 1, 2001; the Mexico EB3 cut-off date is expected to be July 1, 2002 and the Philippines EB3 cut-off date is expected to be March 1, 2006.

Our astute readers born in India or Mexico may wonder why the lower category, EW (Other Worker) has a later priority date than the EB3 and wonder whether they can file an EW I-140 petition, in addition to an EB3 petition based on the same PERM or Alien Labor Certification.  The answer is yes.  One can always fall down, but it is more difficult to fall upward in the immigrant visa number pool.  Thus, those patiently waiting in the EB3 Indian or Mexican queue for a green card can file an additional I-140 petition in the EW category.