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THE MAY 2001 PRIORITY DATES
by Michael J. Gurfinkel, Esq.
The priority date for non-skilled
workers under employment-based petitions jumped another seven
months, to May 1, 1998, as shown in the May 2001 Priority
Dates listed in the monthly Visa Bulletin released by the State
Department.
At the same time, the priority dates of the F-3
and F-4 categories of the family-based petitions, which have not
moved for at least 12 months, finally inched forward by one week
each.
The priority dates for non-skilled workers
category under the Employment-Based Petitions moved forward
to May 1, 1998, from October 1, 1997.
The Second Preference, 2A (spouse and minor
children ² below 21 years of age - of green card holders)
of Family-Based Petitions remained at September 22,
1996.
The Second Preference, 2B (unmarried sons
and daughters, over 21 years of age, of green card holders)
also remained at June 22, 1993.
The First Preference Category, F-1 (unmarried
sons and daughters of U.S. citizens, over 21 years of age),
remained at May 22, 1988.
The priority date for the Fourth Preference,
F-4 (brothers and sisters of United States citizens),
which has not moved since April 2000, moved forward by one week,
to August 8, 1979 from August 1, 1979.
The Third Preference Category F-3 (married
sons and daughters of United States citizens) of Family-Based
Petitions moved for the first time in 19 months, to November
22, 1987 from November 15, 1987. (Note: there is a difference
of six months in priority dates between unmarried and
married adult children of U.S. Citizens (May 22,
1988 for single children versus November 22, 1987
for married children). So, single adult children of U.S.
citizens may wish to seek legal advice about marrying, before
they are processed for their visa or green card, since the difference
in waiting time is still small and they could possibly include
their spouse for a visa at the same time they are processed for
their own visa. (Note: children of green card holders
cannot marry, or their petition is void, as green card holder
parents can only petition unmarried children.)
The priority dates for professionals and skilled
workers, EB-3 remained current. This means those
who have INS-approved I-140 employment-based immigrant
petitions under the Third Preference (professionals and skilled
workers), may still file for adjustment of status, and
be processed for green cards in the U.S. (if they are already
in the U.S.). For nurses and physical therapists, INS regulations
for CGFNS have been published, such that nurses and physical therapists
would be eligible to adjust status or be processed for a visa.
Each month, the Visa Office of the State Department
publishes the priority dates for that particular month. This means
that visas would now be available for persons whose
priority date is earlier than the cut-off date
listed below:
The May 2001 priority dates for the
Philippines are as follows:
FAMILY CATEGORY:
|
|
Priority Date:
|
| First Preference |
Unmarried sons and daughters of
U.S. citizens (over 21 years of age) |
May 22, 1988
(In April 2001, the priority date was the same.) |
| Second Preference
|
2A. Spouse and minor children (below
21 years old) of green card holder |
September 22, 1996
(In April 2001, the priority date was the same.) |
|
2B. Unmarried sons and daughters
(over 21 years old) of green card holder |
June 22, 1993
(In April 2001, the priority date was the same.) |
| Third Preference |
Married sons and daughters of U.S.
Citizens. |
November 22, 1987
(In April 2001, the priority date was the November
15, 1987.) |
| Fourth Preference |
Brothers and sisters of U.S. Citizen |
August 8, 1979
(In April 2001, the priority date was the August 1,
1979.) |
EMPLOYMENT-BASED PETITIONS (including
Labor Certification):
|
| Third Preference |
Professional/Skilled Workers |
CURRENT
(In April 2001, the priority date was also
current) |
| Other Workers |
Non-Skilled workers |
May 1, 1998
(In April 2001, the priority date was October 1, 1997.) |
Many people are concerned about the slow movement
of some family-based preference categories. Others may have been
petitioned by an aging or sickly parent. (Once the petitioner
dies, the petition is "automatically revoked".) If you
are among them, you may wish to consider other, faster ways to
immigrate, such as an employment-based petition (Labor Certification),
which now takes approximately 3-4 years to process. An employer's
petition could back-up a family petition. Remember, it is legal
to be petitioned in as many ways as are legitimately available
to a person, all at the same time. Therefore, a person can be
petitioned by a relative and an employer, at the same time!
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