In welcome news, the Department of State (DOS)
Visa Bulletin for August 2009 indicates a significant move
forward in employment-based second preference (EB2) for
China-born and India-born individuals. For both India and
China, the EB2 priority date has moved to October 1, 2003 from
January 1, 2000. All countries other than India and China
remain "current" in the EB2 category. Employment-based first
preference (EB1) remains current for all countries as well. The
EB3 category will remain "unavailable" until October 2009 when
the new fiscal year begins.
DOS offered no explanation why EB2 India and China moved forward more
than three years from the prior month's priority date. This progress
is even more puzzling in light of last month's
from DOS that EB2 for India and China is likely
to become unavailable this fiscal year. We may see a
significant change in the September Visa Bulletin, as DOS acts
to ensure that all available immigrant visa numbers are used
before the end of the fiscal year on September 30, 2009.
It is important to note that "nationality"
is not the same as citizenship. Generally, DOS looks at the
country of birth in determining whether a person is a national
of a given country. As a result, persons who become citizens of
other countries (i.e., Indians who become Canadian citizens) are
still considered nationals of their birth country for immigrant
For general information on visa retrogression, please see our
on this subject. 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 nationality-specific charts of quota movement since 1996.