THE OCTOBER 2008 PRIORITY DATES – EMPLOYMENT BASED VISAS AVAILABLE AGAIN

By Michael J. Gurfinkel Esq.

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 April 1, 1993.


The Third Preference Category, F-3 (married sons and daughters of United States citizens) moved forward by 9 days from April 22, 1991 to May 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 1 month, from December 1, 2003 to January 1, 2004.


The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 1 month from April 8, 1997 to May 8, 1997.

Petitions by Employers:


The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) priority date, which was unavailable the last few months is now January 1, 2005. The priority date for unskilled (other) workers, which was also unavailable the last few months is now 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 October 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) April 1, 1993

(In September 2008, the priority date was the same.)

Second Preference (2A) Spouse and minor children (below 21 years old) of green card holder January 1, 2004

(In September 2008, the priority date was December 1, 2003.)

(2B) Unmarried sons and daughters (over 21 years old) of green card holder May 8, 1997

(In September 2008, the priority date was April 8, 1997.)

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

(In September 2008, the priority date April 22, 1991.)

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

(In September 2008, the priority date was the same.)


LABOR CERTIFICATION:
Third Preference Professional/Skilled Workers January 1, 2005

(In September 2008, the priority date was unavailable.)

Other workers Non-Skilled Workers January 1, 2003

(In September 2008, the priority date was unavailable.)

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