The Department of State (DOS) Visa Bulletin for May 2010 shows a small amount of progress in the employment-based second preference (EB2) category for China-born individuals. For China, the EB2 priority date moved one month, from August 22, 2005 to September 22, 2005. For India-born individuals, EB2 remains unchanged at February 1, 2005. All countries other than India and China remain "current" in the EB2 category. Employment-based first preference (EB1) remains current for all countries.
The employment-based third preference (EB3) numbers for all countries other than India and Mexico has moved forward from February 1, 2003 to April 22, 2003. EB3 India will move forward from September 8, 2001 to October 1, 2001. Unfortunately, EB3 Mexico will change from July 1, 2002 to “unavailable” in May, meaning that no more EB3 applications can be approved for Mexican-born applicants in the EB3 category until the new fiscal year begins in October. Also, persons with a priority date eligible to file I-485 Adjustment of Status applications immediately under EB3 Mexico should move forward to file these no later than April 29, 2010, as I-485s received in May will be returned unprocessed.
It is important to note that "nationality" is not the same as citizenship. Generally, DOS looks at the country of birth in determining whether a person is a national of a given country. As a result, persons who become citizens of other countries (i.e., Indians who become Canadian citizens) are still considered nationals of their birth country for immigrant visa purposes.
For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts of quota movement since 1996.
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