October 27, 2005

Dear Clients and Friends,

Department of State Announces November Visa Numbers

Last week the Department of State issued the November Visa Bulletin, several days later than normal. The following items are the highlight of the Bulletin:

1. Employment-based numbers in the E1 and E2 categories for the worldwide quota (i.e. every country except India and China) continue to be “current” throughout the month of November. Therefore, it will still be possible to file an Adjustment of Status (I-485) application concurrently with an I-140 Immigrant Visa Petition claiming eligibility for E1 or E2 status. Applicants with approved Visa Petitions processing Immigrant Visas will continue to be scheduled for appointments at American Consulates abroad throughout November. (The E1 category (referred to collectively as “Priority Workers”) includes Managers/Executives, Outstanding Professors or Researchers, and Aliens of Extraordinary Ability. The E2 category includes applicants with an approved Labor Certification where the job requires at least a Masters Degree, or applicants who claim National Interest Waivers).
2. The “cut-off dates” for India and China have not advanced at all since last month.
3. The worldwide quota for the E1 and E2 categories is expected to become backlogged by the second half of the current fiscal year i.e. April 2006.
4. The “cut-off dates” for India and China are expected to advance very slowly for the foreseeable future.
5. The special “set-aside” quota numbers for Schedule A applicants (nurses, or certain Aliens of Exceptional Ability) are current and are expected to remain current throughout the balance of the fiscal year.

Even with a backlog, it will STILL BE POSSIBLE to file I-140 Immigrant Visa Petitions claiming eligibility for any of these categories. Doing so will establish a Priority Date on the waiting list of visa applicants. However, applicants cannot obtain Employment Authorization or Advance Parole travel authorization on the basis of an I-140 filing alone. If the I-140 is approved, the applicant can proceed with an I-485 OR Immigrant Visa interview only when their Priority Date is reached on a future Visa Bulletin.

To access the Visa Bulletin directly, please visit www.travel.state.gov and follow the links, starting with “Visas.” The November 2005 Bulletin contains an excellent explanation of the quota system and the circumstances which create “backlogs” and “cut-off” dates.