This was published in the latest Visa bulletin yesterday - September 2005 bulletin.
Please post your comments about what impact it will have on the GC processing
Thanks
D. EMPLOYMENT VISA AVAILABILITY DURING FY-2006
The backlog reduction efforts of both Citizenship and Immigration Services, and the Department of Labor continue to result in very heavy demand for Employment-based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-off dates in the Employment Third preferency category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a Worldwide basis by December.
The amount of Employment demand for applicants from China and India is also likely to result in the oversubcription of the Employment First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December.
The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date meovements are likely to be slow.
E. DETERMINATION OF THE FY-2005 NUMERICAL LIMITS AS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the Citizenship and Immigration Service (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. On July 27th, CIS provided the required data to VO.
The Department of State has determined the family and employment preference numerical limits for FY-2005 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2005 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 148,449
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2005 the per-country limit is 26,211. The dependent area annual limit is 2%, or 7,489.
