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THE APRIL 2009 PRIORITY DATES – EMPLOYMENT CASES RETROGRESS
By Michael J. Gurfinkel Esq.
The April 2009 priority dates contain bad news for aliens with employment based cases. The priority dates for professionals, skilled workers, and unskilled workers retrogressed (moved backwards) by about two years in each category. (From May 1, 2005 to March 1, 2003 for professionals and skilled workers; and from March 15, 2003 to March 1, 2001 for unskilled workers). So if your priority date had been current, or was just about to be current, this now sets you back about two more years.
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 17 days from July 15, 1993 to 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 8, 1991 to June 15, 1991.
The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date moved forward by 1 month and 7 days from May 15, 1986 to June 22, 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 14 days, from July 1, 2004 to August 15, 2004.
The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 1 month and 14 days from December 1, 1997 to January 15, 1998.
Petitions by Employers:
The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) priority date retrogressed approximately 2 years and 2 months from May 1, 2005 to March 1, 2003. The priority date for unskilled (other) workers retrogressed 2 years and 14 days from March 15, 2003 to March 1, 2001.
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 April priority dates for the Philippines are as follows:
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FAMILY CATEGORY:
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Priority Date:
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First Preference |
Unmarried sons and daughters of U.S. citizens (over 21 years of age) |
August 1, 1993
(In March 2009, the priority date July 15, 1993.) |
Second Preference |
(2A) Spouse and minor children (below 21 years old) of green card holder |
August 15, 2004
(In March 2009, the priority date was July 1, 2004.) |
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(2B) Unmarried sons and daughters (over 21 years old) of green card holder |
January 15, 1998
(In March 2009, the priority date was December 1, 1997.) |
Third Preference |
Married sons and daughters of U.S. Citizens |
June 15, 1991
(In March 2009, the priority date June 8, 1991. |
Fourth Preference |
Brothers and sisters of U.S. Citizens. |
June 22, 1986
(In March 2009, the priority date was May 15, 1986.) |
LABOR CERTIFICATION: |
Third Preference |
Professional/Skilled Workers |
March 1, 2003
(In March 2009, the priority date was May 1, 2005.) |
Other workers |
Non-Skilled Workers |
March 1, 2001
(In March 2009, the priority date was March 15, 2003. |
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