Of note, there have been some substantial changes in the EB-3 category in which virtually all RNs are classified for green-card purposes. The cut-off date for worldwide and the Philippines retrogressed from May 1, 2005 to March 1, 2003, while EB-3 for India advanced 16 days to 11/01/2001. We were warned that this might happen at the start of this current fiscal year in October 2008.

The cut-off dates for the retrogressed EB-3 subcategories – which cover all countries except India and China – are effective immediately. This retrogression is due to the increased demand for visa numbers by USCIS in adjustment of status cases for persons already in the USA. Therefore, beginning today, March 9, 2009, Immigrant visa applications overseas should be processed according to the March 2009 Visa Bulletin, as the March 2009 visa numbers were allocated to the consular posts by the State Department at the beginning of the month. USCIS will not accept applications for adjustment of status in the retrogressed EB-3 subcategories unless the priority date is current under the April 2009 Visa Bulletin.

In April, priority date cut-offs for the first three employment-based categories will be as follows:

* EB-1: Current for all countries.
* EB-2: China – February 15, 2005; India – February 15, 2004; all other countries – current.
* EB-3 Professionals and Skilled Workers: India – November 1, 2001; all other countries – March 2003.
* EB-3 Other Workers: All countries – March 1, 2001.
The notes to the Visa Bulletin indicate that depending upon future demand for visa numbers for the remainder of fiscal year 2009 (through September 30, 2009), further retrogression and unavailability is possible. It further indicates that this situation is temporary pending release of the October 2009 Visa Bulletin – the start of fiscal year 2010.

Although this is the not the greatest of news, in an effort to continue to keep you informed with accurate information, we’d rather you hear this from us then in the chat rooms and nurse forums. We remain optimistic that new legislation will be enacted this year to increase visas for nurses and speed up the process.