In welcome news, the Department of State (DOS)
Visa Bulletin for September 2009 reflects more progress in
employment-based second preference (EB2) for China-born and
India-born individuals. For both India and China, the EB2
priority date has moved from October 1, 2003 to January 8,
2005. 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 employment-based
third preference (EB3) category remains "unavailable" until
October 2009 when the new fiscal year begins.
As with the August Visa Bulletin, DOS
offered no explanation why EB2 India and China moved forward
more than a year from the prior month's priority date. DOS also
did not address what might be the priority dates in the EB1, EB2
and EB3 categories in the October Visa Bulletin.
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
FAQ 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.