NPZ Immigration Law Blog

EB-3 Update and Significant Retrogression in EB-3 China. In August, EB-3 China will retrogress seven years to June 1, 2004. It initially appeared that there would be unused family-sponsored numbers available in this category, allowing for advances in the cut-off date earlier in the year. But, demand in family-sponsored China has changed drastically, making the availability of additional numbers very unlikely. Another reason for the retrogression is that the advancement of the cut-off date for EB-3 China earlier in the fiscal year generated significant demand within the allowable annual limit. The good news is that this category will likely recover at the start of the new fiscal year, moving back to a 2010 or possibly 2011 cut-off date in October. EB-3 Other Workers will also retrogress two years to January 1, 2004. EB-3 China, EB-3 India and EB-3 Philippines all have the potential to move forward a few months in September, depending on demand for EB-3 Worldwide through early August. Charlie predicts EB-3 Worldwide and EB-3 Mexico will continue to advance in September but may hold steady starting in October for a month or two to see if significant demand from the recent advancement of the cut-off date materializes.

EB-2 India and China. EB-2 India remained unchanged this month as predicted. There is sufficient demand in this category based on the current cut-off date and this date is likely to hold until at least October. Movement would only be possible if there were a significant decline in EB-1 and EB-2 demand from all other countries prior to the determination of the September cut-off dates. This situation is being monitored very closely. EB-2 China moved forward by 2 1/2 months to December 15, 2003. Based on current demand, this date is likely to either move slightly or remain the same for September.

F-2A Worldwide. This category is moving very rapidly and is likely to continue to move rapidly due to a severe lack of demand. This will continue until demand materializes.