Alert: Employment Based Immigrant Visas Exhausted for FY 2007

According to a recently issued statement on the U.S. Department of State's Visa Bulletin page, employment based immigrant visa numbers have been exhausted for the current 2007 fiscal year. The July 2007 Visa Bulletin had indicated that all employment based visa categories were available (except for "other workers") meaning that TN visa professionals with approved I-140 petitions could file for the last step in the green card process. Rumors circulated last week that a revised Visa Bulletin for July 2007 would be issued, which would retrogress some or all of the employment based visa categories.  AILA members had reported unusual levels and types of activities by USCIS indicating a  push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.

According to the DOS notice, employment preference visa numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY 2008 annual numerical limitation. TN visa professionals with approved I-140 immigrant petitions will now have to wait until October 2007 to determine whether a visa number will be available for filing their immigrant visa processing or adjustment of status application.