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THE JANUARY 2005 PRIORITY DATES
(EMPLOYMENT CASES MOVE BACKWARDS!)
by Michael J. Gurfinkel, Esq.
For the first time since about January 1997, the priority dates for labor certification cases (for professionals and skilled workers) retrogressed (or moved backwards) to January 1, 2002 . This is because of "very heavy visa demand" from certain countries, including the Philippines, as shown in the monthly Visa Bulletin for January 2005, released by the State Department.
For the past eight years, the priority date for the employment-based Third Preference category was "current", meaning visas were immediately available, once the Department of Labor had "certified" a person's labor certification application. What that meant was that a person could then immediately file their employment-based petition together with their application for adjustment of status and work authorization. In the case of nurses or physical therapists (whose cases are considered "pre-approved" for green cards, and do not need labor certification from the Department of Labor), they could immediately file their employer's petition, adjustment of status and work authorization all at the same time, without the need to go through the regular labor certification process.
With the "retrogression" back to January 1, 2002, nurses and physical therapists will no longer be able to immediately file for adjustment of status or work authorization. Instead, they will now have to first file their I-140 petition, and, once it is approved, they will have to wait until their priority date becomes "current", before they can file for adjustment of status and/or work authorization.
According to the State Department, it might not be until April 2005 when the priority date in this particular category starts moving again. (Interestingly, the priority date for unskilled workers remains "current".)
Because of the retrogression, only those labor certification cases with priority dates earlier than January 1, 2002 will be available for final processing, such as filing for adjustment of status and work authorization. Those cases with priority dates after January 1, 2002 will have to wait until their priority date becomes current before their applications for adjustment of status can be processed.
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 January 2005 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)
|
October 15, 1990
(In December 2004, the priority date was the same.)
|
| Second Preference |
2A. Spouse and minor children
(below 21 years old) of green card holder
2B. Unmarried sons and daughters (over 21
years old) of green card holder
|
August 15, 2000
(In December 2004, the priority date was July 1, 2000.)
August 1, 1995
(In December 2004, the priority date was July 22, 1995.) |
| Third Preference |
Married sons and daughters of
U.S. Citizens |
June
1, 1990
(In December 2004, the priority date was the same.) |
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
September 22, 1982
(In December 2004, the priority date was the same.) |
| LABOR CERTIFICATION: |
| Third Preference |
Professional/Skilled Workers |
January 1, 2002
(In December 2004, the priority date was current.)
|
| Other Workers |
Non-Skilled workers |
CURRENT
(In
December 2004, the priority date was also current.)
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