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THE JULY 2005 PRIORITY DATES:
EMPLOYMENT-BASED PRIORITY DATES ARE 'UNAVAILABLE'
by Michael J. Gurfinkel, Esq.
The priority dates for all family-based petitions, except for those under the Third Preference (married sons and daughters of U.S. citizens), moved forward by at least 10 days, as shown in the July 2005 monthly Visa Bulletin. However, visa numbers became "unavailable" for both employment-based cases for professionals and skilled workers, and "other" (unskilled) workers. (Nurses and physical therapists' priority dates, however, are "current.")
This means that the two employment categories have reached their annual limits, and no adjustment of status or immigrant visa issuance will be made from July through September. With the start of the new fiscal year in October, visas will become available again in these categories. The State Department said it is not possible to make any estimates regarding potential cutoff dates at this time.
Petitions by Citizens:
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age) moved forward by more than three weeks, from January 15, 1991 to February 8, 1991 .
The Third Preference Category F-3 (married sons and daughters of United States citizens ) did not move, and remained at September 1, 1990 . (Note: There is now a difference of 5 months and one week in priority dates between unmarried and married sons and daughters of U.S. citizens.).
The Fourth Preference, F-4 (brothers and sisters of United States citizens) moved forward by 10 days, from December 22, 1982 to January 1, 1983 .
Petitions by Green Card Holders :
The Second Preference, F-2A (spouse and minor children below 21 years of age, of green card holders ) of Family-Based Petitions moved forward by one month, from April 22, 2001 to May 22, 2001 .
The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders), moved forward by more than three weeks, from December 8, 1995 to January 1, 1996 .
Petitions by Employers:
The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification), became unavailable. The last priority cutoff date was June 1, 2002 . The Third Preference (non-skilled workers), also became unavailable, with the last cutoff date at January 1, 1999 .
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 July 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)
|
February 8
, 1991
(In June 2005, the priority date was January 15, 1991.)
|
| 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
|
May 22
,
2001
(
In June 2005, the priority date was April 22, 2001.)
January 1, 1996
(In
June 2005, the priority date was December 8, 1995.) |
| Third Preference |
Married sons and daughters of
U.S. Citizens |
September 1, 1990
(In June 2005, the priority date was the same.) |
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
January 1, 1983
(In June 2005, the priority date was December 22, 1982.) |
| LABOR CERTIFICATION: |
| Third Preference |
Professional/Skilled Workers |
Unavailable
(In June 2005, the priority date was June 1, 2002.) |
| Other Workers |
Non-Skilled workers |
Unavailable
(In June 2005, the priority date was January 1, 1999.) |
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