Although visa numbers will become available by the start of fiscal year 2006 in October, there is no assurance these would sufficiently meet the demand. The Department of State said it would be difficult to estimate possible cut-off dates for the processing of employment visa applications.

EB-3 RETROGRESSION

Last January, the Department of State retrogressed to January 1, 2002 all immigrant visa applications under the employment-based third preference (EB-3) category for China, India and the Philippines. For thousands of Filipino professionals, including registered nurses (RNs) and physical therapists (PTs) who fell under EB-3, this meant a delay of about three years in the processing of their visa applications.

“OTHER WORKER” RETROGRESSION

Last March, the Department of State retrogressed to July 1, 2001 the immigrant visa applications under the “other worker” category for all countries, including the Philippines. This cut-off date had been pushed further back this month to January 1, 1999 causing a potential six-year delay in the processing of these visa applications.

The visa numbers for this category had remained current as of February 2005.

Retrogression is extremely frustrating. Until recently, labor certification alone, which is generally the first step in employment-based immigration, took some four to five years to complete.  And just when beneficiaries began preparing their immigrant visa application or adjustment of status application on the basis of their I-140 and approved labor certifications, they find out that there are no visa numbers available.