Strategies for Coping With Visa Backlogs
By Reuben S. Seguritan
September 16, 2009
The Visa Bulletin for October 2009, the start of the 2010 fiscal year shows substantial backlogs in both the family and employment preferences.
Visa numbers for the family sponsored preferences advanced only by about a month for most of the countries in all the categories.
The cut-off dates worldwide (except China, India, Mexico and Philippines) are as follows: 1st (unmarried sons/daughter of U.S. citizens) “ July 22, 2003; 2A (spouse and unmarried children below 21 of lawful permanent residents) “ June 1, 2005; 2B (unmarried sons and daughters of lawful permanent residents 21 or older) “ August 22, 2001; 3rd (married sons and daughters of citizens) “ January 15, 2001; and 4th(brothers and sisters of adult citizens) “ April 15, 1999
The cut-off dates for the Philippines are: 1st– October 8, 1993; 2A “ June 1, 2005; 2B “May 1, 1998; 3rd “ October 15, 1991; and 4th December 1, 1986.
Visa number availability for the employment-based third preference category is worse than expected. The cut-off dates worldwide (except China, India, Mexico and the Philippines) are: 1st (priority workers) “ current; 2nd (professionals with advanced degree and persons of exceptional ability) “ current; 3rd (skilled workers) “ June 1, 2002; 3rd (other workers) “ June 1, 2001; 4th (special immigrants) – current; certain religious workers “ unavailable; 5th (employment creation) “ current.
The cut-off dates for the Philippines are: 1st and 2nd “ current; 3rd (skilled) – June 1, 2002; 3rd (other workers) “ June 1, 2001; 4th “ current; certain religious workers “ unavailable; 5th – current.
When Charles Oppenheim of the U.S. Department of State Visa office made a grim prediction about four months ago on visa number availability, he estimated that the October 2009 EB3 worldwide cut-off date (including the Philippines) would be March 1, 2003. Based on his estimate, then it would take over a decade to wait for visa numbers in that category.
Because of the long wait, beneficiaries should try other options. They may upgrade their category to EB-1 which shows current availability of visa numbers for all countries or EB-2 which is also current for all countries except China and India
The first preference refers to aliens of extraordinary ability; outstanding professors and researchers; and certain managers and executives transferred to work for their foreign employers or a U.S. affiliate or subsidiary. This category does not require a labor certification.
The second preference beneficiaries must be either persons of exceptional ability in the science, arts or business or professionals with advanced degree. A bachelor’s degree plus five (5) years of progressive post degree work experience is equivalent to an advanced degree.
A labor certification is required to file for second preference unless a national interest waiver is obtained based on the following criteria: the alien’s employment is in an area that has substantial inherent value; the benefit of the alien’s employment is national in scope; and the national benefit outweighs national interest in requiring labor certification.
Beneficiaries may also benefit from the rule on cross-chargeability which allows them to get their visa numbers from the quota of their spouses’ country of birth.