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THE DECEMBER 2006 PRIORITY DATES: No more visas for nurses and physical therapists?
by Michael J. Gurfinkel, Esq.
Most Employment and Family-Based Priority dates moved forward (or advanced) in December 2006, except for nurses and physical therapists, whose priority date changed from October 1, 2005 to "unavailable."
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 16 days, from November 15, 1991 to December 01, 1991 .
The Third Preference Category, F-3 (married sons and daughters of United States citizens ) remained the same at February 8, 1991.
The Fourth Preference, F-4 (brothers and sisters of United States citizens) moved forward by one month, from May 1, 1984 to June 1, 1984 .
Petitions by Green Card Holders :
The Second Preference Category, F-2A (Spouse and minor children of green card holders) moved forward by six months, from September 1, 2001 to March 1, 2002 .
The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 7 days, from August 15, 1996 to August 22, 1996 .
Petitions by Employers:
The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) moved forward by 1 month, from July 1, 2002 to August 1, 2002 .
The Third Preference Schedule A (nurses/physical therapists) of Employment-Based Petitions went from October 1, 2005 to " unavailable ." Previously, nurses and physical therapists were included in the regular Third Preference category. When that category backlogged, Congress created a new "Schedule A" category last year, making 50,000 additional visas available for nurses and physical therapists. Those 50,000 visas have now been used up. Perhaps the regular Third Preference priority date of August 1, 2002 will apply, which is better than "unavailable."
The Third Preference (non-skilled workers) moved forward by 5 months, from May 1, 2001 to October 1, 2001 .
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 . If your priority date was "current", but retrogressed before your immigrant visa was issued (or you adjusted status in the U.S.), you would have to wait until it becomes current again.
The December 2006 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)
|
December 1, 1991
(In November 2006, the priority date was November 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
|
March 1, 2002
(In November 2006, the priority date was
September 1, 2001.)
August 22, 1996
(In November 2006, the priority date was August 15, 1996.) |
| Third Preference |
Married sons and daughters of
U.S. Citizens |
February 8, 1991
(In November 2006, the priority date was the same.) |
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
June 1, 1984
(In November 2006, the priority date was May 1, 1984.) |
| LABOR CERTIFICATION: |
| Third Preference |
Professional/Skilled Workers |
August 1, 2002
(In November 2006, the priority date was July 1, 2002.) |
| Schedule A |
(Nurses/Physical therapists) |
Unavailable
(In November 2006, the priority date was October 1, 2005.) |
| Other Workers |
Non-Skilled workers |
October 1, 2001
(In November 2006, the priority date was May 1, 2001.) |
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