On May 14, 2007, the U.S. Department of State (DOS) released the June 2007 Visa Bulletin. There has been substantial progress in the employment-based (EB) categories, with significant movement for individuals born in China, India, and Mexico. The EB-3 priority dates for persons born in China, India, and Mexico has moved forward to June 1, 2003. This is a change of almost one year forward for those persons born in China and over two years for individuals born in India and Mexico.

The EB-3 worldwide category (individuals born in all countries other than India, China, Mexico, or the Philippines) moved forward almost two years: from August 1, 2003 to June 1, 2005. The EB-3 priority date for persons born in the Philippines also moved forward one year to June 1, 2005.

There were no changes in the priority dates for any other employment-based immigrant visa categories from the prior month. EB-1 remains current for all countries. EB-2 is current for all countries other than India and China. For individuals born in India, the EB-2 priority date is April 1, 2004. For individuals born in China, the EB-2 priority date moves forward to January 1, 2006.

It is important to note that the country of "chargeability" is not the same as citizenship. Generally, DOS looks at the country of birth in determining whether a person is chargeable to a given country. As a result, persons who become citizens of other countries (i.e., Indians who become Canadian citizens) are still considered chargeable to their birth country for immigrant visa purposes. Individuals can be "cross-charged" to another country if they are married to an individual who was born in a different country.

DOS notes that "the current level of demand in many of the Employment-based categories has been much lower than anticipated. As a result, the June cut-off dates have advanced significantly in an effort to maximize number use under the annual numerical limits. At this time it appears likely that there will be additional advances during the coming months."

While this suggests that we may see rapid forward movement in priority dates, DOS warns that this advancement "should allow for action to be finalized on a significant number of Citizenship and Immigration Services adjustment of status cases. Once that level of demand begins to exceed the supply of available numbers it will be necessary to make 'adjustments' to the cut-off dates. At this time is in not possible to estimate when this is likely to occur, but it is expected." Applicants may have only a limited window of time to file applications for adjustment of status before their priority date retrogresses.

For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed charts of quota movement for the past decade.

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