THE JULY 2007 PRIORITY DATES
(All Employment Based Petitions are “current”, except “Other” (unskilled) workers which are “unavailable”)
by Michael J. Gurfinkel

Great news for aliens under petition by employers (labor certification, PERM, Nurses and PT’s). In July, 2007, the priority date is “current”, meaning visas are available. So, people with approved labor certifications and I-140’s can file for adjustment of status and work authorization. If your case was on hold because of visa retrogression, adjustment or visa issuance is once again possible. Nurses and PT’s who are “pre-approved/certified” for green cards, can file the petition and adjustment concurrently (at the same time).

Unfortunately, the priority date for unskilled workers became “unavailable”, so no visas or green cards will be issued in July for unskilled workers, regardless of their priority date.

But those who are eligible should hurry and file for adjustment, as the priority date may once again retrogress in future months, if the demand for green cards is more than the current supply.


But those who are eligible should hurry and file for adjustment, as the priority date may once again retrogress in future months, if the demand for green cards is more than the current supply.

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) remained the same at April 22, 1992

The Third Preference Category, F-3 (married sons and daughters of United States citizens) remained the same at January 01, 1985.

The Fourth Preference, F-4 (brothers and sisters of United States citizens) moved forward by one month from March 1, 1985 to April 01, 1985.

Petitions by Green Card Holders:

The Second Preference, F-2A (Spouse and minor children (below 21 years old) of green card holder) moved forward by 1 month and 10 days, from April 22, 2002 to June 01, 2002

The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) remained the same at October 1, 1996.

Petitions by Employers:

The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) moved forward by two years and one month from June 1, 2005 to current. Unfortunately, visas for unskilled workers became “unavailable”, meaning no visas are available at the present time.

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 before you adjusted status in the U.S.), you would have to wait until it becomes current again.

The July 2007 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) April 22, 1992
(In June 2007, the priority date was the same.)
Second Preference 2A.Spouse and minor children (below 21 years old) of green card holder June 1, 2002
(In June 2007, the priority date was April 22, 2002).
  2B.Unmarried sons and daughters (over 21 years old) of green card holder October 1, 1996
(In June 2007, the priority date was the same.)
Third Preference Married sons and daughters of U.S. Citizens. January 01, 1985
(In June 2007, the priority date remained the same.)
Fourth Preference Brothers and sisters of U.S. Citizens. April 01, 1985
(In June 2007, the priority date was March 1, 1985.)


LABOR CERTIFICATION:
Third Preference Professional/Skilled Workers Current
(In June 2007, the priority date was June 1, 2005.)
Other workers Non-Skilled Workers Unavailable
(In June 2007, the priority date was October 1, 2001.

 


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