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THE MAY 2009 PRIORITY DATES – NO MORE WORKING GREEN CARDS AVAILABLE
By Michael J. Gurfinkel Esq.
The May 2009 priority dates bring bad news to workers who are under petition in the 3rd preference category (professional\skilled workers) as well as unskilled workers. The Visa Office of the State Department announced that visas for workers in these categories are "unavailable", probably until at least October 2009. This means that these workers will not be able to get their green cards (either through adjustment of status if in the US, or immigrant visa at the Embassy) until starting October 2009, assuming their priority date will be "current" once again.
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 August 1, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 7 days from June 15, 1991 to June 22, 1991.
The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date moved forward by 16 days from June 22, 1986 to July 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 and 23 days, from August 15, 2004 to October 8, 2004.
The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 17 days from January 15, 1998 to February 1, 1998.
Petitions by Employers:
The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) “retrogressed” (or moved backwards) from March 1, 2003 to unavailable. The priority date for unskilled (other) workers also retrogressed from March 1, 2001 to unavailable.
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 May priority dates for the Philippines are as follows:
| FAMILY CATEGORY:
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Priority Date:
|
First Preference |
Unmarried sons and daughters of U.S. citizens (over 21 years of age) |
August 1, 1993
(In April 2009, the priority
date was the same.) |
Second Preference |
(2A) Spouse and minor children (below 21 years old) of green card holder |
October 8, 2004
(In April 2009, the priority date was August 15, 2004.) |
|
(2B) Unmarried sons and daughters (over 21 years old) of green card holder |
February 1, 1998
(In April 2009, the priority
date was January 15, 1998.) |
Third Preference |
Married sons and daughters of U.S. Citizens |
June 22, 1991
(In April 2009, the priority
date June 15, 1991.) |
Fourth Preference |
Brothers and sisters of U.S. Citizens. |
July 8, 1986
(In April 2009, the priority
date was June 22, 1986.) |
LABOR CERTIFICATION: |
Third Preference |
Professional/Skilled Workers |
UNAVAILABLE
(In April 2009, the priority
date was March 1, 2003.) |
Other workers |
Non-Skilled Workers |
UNAVAILABLE
(In April 2009, the priority
date was March 1, 2001.) |
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