The Department of State (DOS) Visa Bulletin for July 2005 indicates that visa numbers will imminently retrogress for all EB-3 employment-based immigrant applications.  As of July 1, 2005, visa numbers for the EB-3 category will be unavailable.  It is likely they will remain unavailable until at least the beginning of the next fiscal year, which begins on October 1, 2005.  Please note that only EB-3 applicants are impacted at this time. EB-1 and EB-2 categories are current for all countries as of the July 2005 Visa Bulletin.

A retrogression in the EB-3 category immediately impacts only those individuals in the final stages of the permanent resident process., i.e., those seeking to file an application for adjustment of status (AOS), who are waiting for an AOS application to be adjudicated, or who are seeking to apply for an immigrant visa at a U.S. Consulate or Embassy based on an approved immigrant visa petition.  Retrogression has no impact on the processing of a labor certification that is about to be filed or is pending with the Department of Labor.   Furthermore, the retrogression does not prohibit the filing of the immigrant visa petition (I-140) based on an approved labor certification, even if that immigrant visa petition will be filed under the EB-3 category.

The EB-3 category includes individuals who have labor certifications filed on their behalf where the requirements were at least a Bachelor's degree ("professionals") or 2 years of experience ("skilled workers").  Please note that the controlling factor is what requirements were listed on the labor certification supporting the employer's immigrant visa petition.  The sponsored individual's education or experience does not determine whether a petition is eligible for the EB-2 or EB-3 categories.  The requirements on the labor certification represent the employer's minimum requirements for the position.  If the labor certification has already been filed and/or approved with such requirements, the case must be processed under EB-3 quotas.

Again, beginning July 1, 2005, the U.S. Citizenship and Immigration Services (CIS) will not accept any new EB-3 category I-485 adjustment of status applications, regardless of the priority date.  Jackson & Hertogs encourages all individuals in the EB-3 category who are eligible to file an I-485 application to do so before June 30, 2005.  Such an application must be received by the CIS no later than June 30, 2005, which means that applications must be filed by June 29, 2005.  If the I-485 application is received by CIS on or before June 30, 2005, the applicant is eligible to apply for both the Employment Authorization Document (EAD) and Advance Parole (AP) while the I-485 remains pending.  CIS will also not be able to adjudicate any pending I-485 in the EB-3 category until the underlying priority date becomes current.  Similarly, DOS consular officers will be unable to approve immigrant applications for permanent residency until the priority date becomes current.

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