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Employment Based Visa Numbers Exhausted for FY2011

The Department of State has announced that the visa numbers for employment based green card applications have been exhausted for Fiscal Year 2011. The INA allocates at least 140,000 visa numbers for employment-based preference categories (i.e. EB-1. EB-2, EB-3, etc.) Each month the Department of States publishes a visa bulletin that provides a summary of the immigrant visa numbers available per month. The October visa bulletin can be found here: http://www.travel.state.gov/visa/bulletin/bulletin_5560.html. For each category that is oversubscribed, the Department of States establishes a cut-off date that is determined by the priority date of the first applicant who could not be allocated a visa number. Applicants who have a priority date earlier than the cut-off date are eligible to receive an immigrant visa number for that month. Applicants with priority dates later than the cut-off dates must continue to wait until his or her priority date becomes current. Because visa numbers have been exhausted for Fiscal Year 2011, employment based applicants with priority dates that meet the cut-off dates under the September visa bulletin will need to wait until the visa numbers under Fiscal Year 2012 are available on October 1, 2011. Thus, the USCIS and Department of State will be holding employment based green card cases that meet the cut-off dates based on the September 2011 visa bulletin and will resume issuing green card approvals or immigrant visas on October 1, 2011 when the Fiscal Year 2012 visa numbers are available. Please note that the USCIS will continue to accept adjustment of status applications for those individuals who meet the cut-off dates in September.