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Employment Law StrategistLJN NewslettersNewsSections

Employment-Based Visa Indecision

By Rebecca L. Sigmund
August 28, 2007

The government giveth and the government taketh away. Two weeks after announcing that most of the employment-based immigrant visa categories would be current on July 1, 2007, the Department of State ('DOS') reversed its announcement by stating that effective July 2, no visa numbers were available for employment-based immigrant visa categories, and further, would not become available until Oct. 1, 2007 (under fiscal year 2008 numbers). When the DOS announced that all categories would be available come July 1, there was an immediate response by applicants who had been waiting years for their 'priority date' to become current so that they could complete the last and long-awaited step of their permanent residency cases. Relying on the DOS announcement, thousands of applicants, their employers and attorneys spent substantial time, expense and effort to ensure July submissions.

The subsequent withdrawal of the visa numbers was startling and unprecedented, and, once again, placed these applicants in a state of uncertainty and further delay.

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