June 13, 2005 - The State Department today released the July Visa Bulletin, confirming that beginning on July 1, 2005 and continuing at least until October 1, 2005, green cards will be temporarily unavailable in the employment-based third preference (EB3) category for all countries of origin. The Visa Bulletin may be accessed at: http://www.usabal.com/processing/visabulletin.html

Previously, we had reported that as a result of the priority date rollback instituted for applicants in the EB3 category from India, China and the Philippines, their eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in these categories would be approved and issued, would be restricted according to the State Department's priority date system.

The new State Department announcement expands the previous restriction in two important ways: (1) green cards in the EB3 category will not merely be restricted during July, they will become unavailable; and (2) the unavailability applies to all countries of origin.

The priority date system directly impacts employment based green card applicants in the following ways:

1. Individuals who have an approved application for labor certification and whose applications place them in the EB3 category, but who have not yet filed their I-485 application for adjustment of status will not be able to file their I-485 applications until such time that the State Department announces availability of new visas. These individuals will become eligible to file their I-485 applications only when new visas become available, and their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
   
2. Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until visas are once again available and their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
   
3. Individuals with approved I-140 petitions will not be eligible to apply for their immigrant visa through a US consulate in their home country until new visas become available; they must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
   

According to the Visa Bulletin, "no further FY-2005 allocations are possible for the period July through September [2005]. With the start of the new fiscal year in October, numbers will once again become available [in the EB3 category]. It is not possible to make any estimates regarding potential cut-off dates at this time."

Current priority dates may be monitored by consulting our website using the link shown above. Berry, Appleman & Leiden will continue to report updates on visa availability and priority date cutoffs as they become available.