Mark A Ivener, A Law Corporation

China, India Second Preference Cut-Off Dates Retrogress; Other Projections

The Department of State’s Visa Office announced in the latest Visa Bulletin that the China-mainland born and India employment second preference cut-off dates both will retrogress in December.  The Department said the retrogression is a direct result of extraordinarily heavy applicant demand for numbers, primarily by U.S. Citizenship and Immigration Services offices for adjustment-of-status cases.  Additional retrogressions cannot be ruled out during the second quarter of the fiscal year, which begins in January 2008, the Department noted. 

The Department also made the following projections based on current demand patterns, which could change.  “Under no circumstances should they be used as a basis for making any formal plans prior to the announcement of the monthly cut-off dates,” the Department warned. 

Employment Preferences – Worldwide and Philippines:

  • First and second preferences:   Will remain Current.
  • Third:  Slow forward movement should be possible while demand patterns are established. 
  • Third “Other Workers” category (all countries):  Little if any forward movement is expected at this time.  If the current demand pattern continues, it may be necessary to retrogress the cut-off date at some point later in the fiscal year.

Employment Preferences – China-mainland born and India:

  • First:  Continued heavy demand may require the establishment of a cut-off date at some point during the fiscal year.
  • Second:  Demand during October and the first week of November has already used over 38 percent of the annual limit. It is hoped that the December retrogressions will return monthly number use within the target range.  If not, further retrogressions cannot be ruled out.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.