THE JULY 2008 PRIORITY DATES – NO MORE VISAS AVAILABLE FOR EB-3 UNTIL OCTOBER 2008!

By Michael J. Gurfinkel, Esq.


The July 2008 Visa Bulletin shows that the employment based third preference category (for college graduates or skilled workers) is unavailable, meaning there are no more visas until at least October 2008. Therefore, workers who are in the EB-3 category will not be granted adjustment of status or be issued immigrant visas until after October 1, 2008, (which is the start of the new “fiscal year” for visas.)

As for other petition categories, the priority dates either remained the same, or advanced only by a few days.

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) priority date remained the same at March 15, 1993.


The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date remained the same at April 1, 1991.


The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date remained the same at March 8, 1986.

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 17 days, from July 15, 2003 to August 1, 2003.


The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 7 days from February 22, 1997 to March 1, 1997.

Petitions by Employers:


The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) priority date is unavailable. The priority date for unskilled (“other”) workers priority date remained the same at January 1, 2003.


Each month, the Visa Office of the State Department publishes the priority dates for that particular month. This means that visas (or green cards) 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 2008 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) March 15, 1993

(In June 2008, the priority

date was the same.)

Second Preference (2A) Spouse and minor children (below 21 years old) of green card holder August 1, 2003

(In June 2008, the priority date was July 15, 2003)

(2B) Unmarried sons and daughters (over 21 years old) of green card holder March 1, 1997

(In June 2008, the priority

date was February 22, 1997.)

Third Preference Married sons and daughters of U.S. Citizens April 1, 1991

(In June 2008, the priority

date was the same.)

Fourth Preference Brothers and sisters of U.S. Citizens. March 8, 1986

(In June 2008, the priority

date was the same.)


LABOR CERTIFICATION:
Third Preference Professional/Skilled Workers Unavailable

(In June 2008, the priority

date was March 1, 2006.)

Other workers Non-Skilled Workers January 1, 2003

(In June 2008, the priority

date was the same.)


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