Fellow AILA attorney Robert Pauw has filed a class action lawsuit challenging the procedures used for establishing cut-off dates for individuals in the China EB-3 category.  The suit alleges that certain EB-3 Chinese nationals who are the beneficiaries of labor certification applications and I-140 visa petitions are unlawfully delayed in obtaining their permanent resident status.  To find out more about being a potential member of the class, contact:  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Slow Movement of up to 2 Months for Certain Nationals

As we approach the end of spring, we see little progress in visa availability this month.  In the EB-2 category, Chinese nationals advanced 2 full months to November 22, 2005. 

Numbers for EB-2 Indian nationals remained stagnant at February 1, 2005.  At least all other nationalities, including those from Mexico and the Philippines are still current.  In the EB-3 category, a two month advance to June 22, 2003 occurred for nationals including those from China but excluding those from India and Mexico.  Priority dates for Indian nationals advanced over 21 days to October 22, 2001.   EB-3 Numbers for Mexican nationals are unavailable.  EB-3 numbers for nationals of the Philippines advanced 2 months to June 22, 2003.