The just-released December Visa Bulletin announced that the 50,000 immigrant visas allocated for Schedule A petitions have been exhausted and therefore the "EX" category is "Unavailable" as of December 1, 2006. Previously, the November Visa Bulletin established a priority date of October 1, 2005 for the EX/Schedule A category rather than making the category completely unavailable.

Unless legislation is passed or an individual has a current EB-2 or EB-3 priority date, there will be no additional immigrant visas issued based upon Schedule A petitions as of December 1, 2006. Additionally, individuals in the United States will not be eligible to concurrently file the Adjustment of Status Application (Form I-485). Pending Adjustment of Status Applications will remain pending until additional immigrant visas for Schedule A petitions are legislatively authorized or the priority date becomes current. An individual with a pending Adjustment of Status application can continue to remain in the United States and renew his or her employment authorization.

See: http://travel.state.gov/visa/frvi/bulletin/bulletin_3086.html

Note that employers can continue to file I-140 petitions and the USCIS can and will continue to approve those petitions. Furthermore, the NVC has confirmed that they currently plan to continue to receive the approved I-140 petitions from the USCIS and conduct "pre-processing" for interviews. However, as noted above, Consulates will discontinue interviews and granting immigrant visas.

HLG is heavily involved in the lobbying effort to eliminate retrogression for Schedule A petitions and we are confident a legislative solution is imminent. Please keep up with the latest news on the retrogression legislation on our Healthcare Immigration Advocacy Blog.

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