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July
2008 Newsletter July 11, 2008 DEAR CLIENTS AND FRIENDS: As many of you may know, the Department of State issues its monthly Visa Bulletin for purposes of determining eligibility for both the filing and adjudication (i.e., approval) of applications for permanent residence in the respective preference categories. We just received notification today of some positive news for certain foreign nationals from India and China in the employment-based arena. Starting this August 2008, the Department of State announced a rather impressive bounce in the immigrant visa backlog categories for both Chinese and Indian EB-2 candidates (Advanced Degree Category). More specifically, the Visa Bulletin for August 2008 indicates that foreign nationals from China and India with Priority Dates of June 1, 2006 or earlier are now current for both the adjudication and filing of green card applications. The July 2008 Visa Bulletin previously listed the Priority Dates for both Chinese and Indians in the EB-2 category as April 1, 2004 or earlier. Please follow this link to see the update online at the U.S. Department of State's website: http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html# Just to review, priority dates are established by either the original filing date of a Labor Certification Application to the Department of Labor or the filing date of a Self-Sponsored Immigrant Visa Petition to the Department of Homeland Security. This priority date or filing date marks the foreign national's "place in line" for immigrant visa backlog purposes. Today's announcement has particularly positive ramifications for two specific classes of Advanced Degree professionals (EB-2) from India and China: 1) individuals who have pending Adjustment of Status Applications (many of which were filed in July 2007) who may now become eligible for final approval; and 2) individuals holding priority dates prior to June 1, 2006, who will now be able (at least during the month of August) to file their Adjustment of Status Applications. In short, this is very good
news for many of our clients who have been waiting many years for
the Visa Bulletin to improve in any significant
manner. Please note that these jumps in the Visa Bulletin specifically
apply to Chinese and Indian foreign nationals in the EB-2 category.
No movement has been seen in the EB-3 (Professional/Skilled Workers)
Category for any foreign nationals, and the category is currently
listed as, "Unavailable." Cordially, ROBERT D. ARONSON
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Aronson & Associates, P.A. |