Jan 26 2006

Department of State comments on Employment-Based Visa Number Cut-Off Dates

The Department of State (DOS) has noted that it has seen a decrease in the demand for employment-based visa numbers for adjustment of status cases. DOS believes that this has led to a rapid advancement of the established cut-off dates for these visas. DOS is concerned that there may been an exorbitant amount of numbers available late in the fiscal year, but not enough time for individuals to utilize these numbers.

DOS's believes that there will be no need to impose a cut-off date for the First and Second preference categories, based on the current level of number use in those categories. DOS is a bit concerned about the Third preference category, based on the amount of 245(i) filings that were submitted in March and April of 2001; however, it has not yet led to any major concerns.