Priority date: Difference between revisions

From Wikipedia, the free encyclopedia
Jump to: navigation, search
m (Reverted edits by 192.158.48.13 (talk) to last revision by 192.158.48.11 (HG))
(Priority Date Predictions for FY13)
Line 11: Line 11:
 
==Recent development==
 
==Recent development==
 
=== Priority Date Predictions for FY13 ===
 
=== Priority Date Predictions for FY13 ===
  +
VISA AVAILABILITY IN THE COMING MONTHS (April – June)
   
==== Employment-Based, Second Preference (EB2): India ====
+
==== EMPLOYMENT-based categories (potential monthly movement) ====
   
The DOS has received more than 20,000 EB2 India cases from USCIS that are awaiting issuance of visa numbers. Under the current system, once the USCIS reviews a case and finds it appropriate for approval, the USCIS makes an automated request to the DOS for a visa number. If no number is available, the request is held by the DOS, awaiting action once a visa number for the particular case and priority date becomes available. These cases are referred to as preadjudicated.
+
Employment First: Current
   
DOS does not anticipate being able to advance the EB2 India cutoff date any time soon. However, there is an expectation that there will be some forward movement during FY13 (mostly during September 2013). The estimate given as a best case scenario is that, by the end of FY13, EB2 India's cutoff date will advance to a new cutoff date, set at some point in early 2008.<ref>http://www.murthy.com/2012/11/02/priority-date-predictions-for-fy13/</ref>
+
===== Employment Second: =====
  +
  +
Worldwide: Current
  +
  +
China: Three to six weeks
  +
  +
India: No movement. Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from U.S. Citizenship and Immigration Services (USCIS) Offices for adjustment of status cases remains extremely high. Should the current rate of demand continue, it is likely that at some point the cut-off date will need to be retrogressed in an effort to hold demand within the FY-2013 annual limit.
  +
  +
===== Employment Third: =====
  +
  +
Worldwide: Four to six weeks
  +
China: Two to three months
  +
India: Up to two weeks
  +
Mexico: Four to six weeks
  +
Philippines: Up to one week
  +
<ref>http://www.travel.state.gov/visa/bulletin/bulletin_5885.html</ref>
   
 
==EB2 cut-off dates==
 
==EB2 cut-off dates==

Revision as of 19:24, 12 February 2013

Priority date is a United States immigration concept - it is the date of filling for labor certification. This date establishes ones place in the queue for an employment or family based permanent residency permit (also known as a Greencard).

A common path to the green card in the United States is to obtain it through a family based or employment based petition, a very complex process that can take many years to complete. When a foreign worker, usually on a temporary work visa such as an H-1B with a U.S. employer, begins the green card process, the first step is to complete labor certification to prove that a qualified American worker could not be found to fill the position the foreign worker is taking. Labor certification is not required if applying in the EB1 category. The labor certification process has undergone a number of changes in recent years, from the laborious supervised recruitment process, to the Reduction-in-Recruitment (RIR) process, and now to the much faster online PERM system. In all cases, the date the labor certification is filed (directly with the United States Department of Labor for PERM applications, or with a State Workforce Agency for RIR applications) is assigned as the individual's Priority Date. As soon as the labor certification is approved, the immigrant's employer may file an I-140 form Immigrant Petition for Alien Worker petition with the USCIS to establish the immigrant's eligibility to file the I-485 form Application to Register Permanent Residence or Adjust Status, i.e. the green card application itself.

The United States Department of State publishes a monthly visa bulletin [1] which lists cutoff priority dates for different immigration categories and birth countries. Only those intending immigrants with priority dates before the cutoff date are permitted to file their Adjustment of Status (AOS) applications and obtain their green card. The cutoff dates generally move forward over time as old cases are disposed of. However, in certain cases, such as if a large number of old cases work their way through the system at about the same time, the cutoff dates can actually retrogress (or roll back). If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth. On the low end, the cutoff advanced eight months for immigrants from mainland China with jobs requiring Master's degrees. EB3 for India-born applicants has moved forward 25 months, the most of any category, thus impacting a huge number of workers with jobs requiring Bachelor's degrees.

For individuals starting the employment-based green card process now, country of birth and job requirements are paramount in determining how long the overall process will take. Individuals from countries other than China or India with jobs requiring a Master's degree can complete the entire process, from labor certification to receiving the green card, in as little as four months (in a best case scenario), if there is no backlog of visa availability, i.e., all priority dates are current. Workers from China or India with jobs requiring only a Bachelor's degree can expect to wait years after filing the labor certification and immigrant visa petition to become eligible to file the final application for the green card itself.

Recent development

Priority Date Predictions for FY13

VISA AVAILABILITY IN THE COMING MONTHS (April – June)

EMPLOYMENT-based categories (potential monthly movement)

Employment First: Current

Employment Second:

Worldwide: Current

China: Three to six weeks

India: No movement. Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from U.S. Citizenship and Immigration Services (USCIS) Offices for adjustment of status cases remains extremely high. Should the current rate of demand continue, it is likely that at some point the cut-off date will need to be retrogressed in an effort to hold demand within the FY-2013 annual limit.

Employment Third:

Worldwide: Four to six weeks China: Two to three months India: Up to two weeks Mexico: Four to six weeks Philippines: Up to one week [1]

EB2 cut-off dates

Date Availability
India China Rest of the World
Apr 2013 Current
Mar 2013 Sep 1st, 04 Feb 15th, 08 Current
Feb 2013 Sep 1st, 04 Jan 15th, 08 Current
Jan 2013 Sep 1st, 04 Dec 8th, 07 Current
Dec 2012 Sep 1st, 04 Oct 22nd, 07 Current
Nov 2012 Sep 1st, 04 Sep 1st, 07 Current
Oct 2012 Sep 1st, 04 Jul 15th, 07 Jan 1st, 12
Sep 2012 Unavailable Unavailable Jan 1st, 09
Aug 2012 Unavailable Unavailable Jan 1st, 09
Jul 2012 Unavailable Unavailable Jan 1st, 09
Jun 2012 Unavailable Unavailable Current
May 2012 Aug 15th, 07 Aug 15th, 07 Current
Apr 2012 May 1, 10 May 1, 10 Current
Mar 2012 May 1, 10 May 1, 10 Current
Feb 2012 Jan 1st, 10 Jan 1st, 10 Current
Jan 2012 Jan 1st, 09 Jan 1st, 09 Current
Dec 2011 Mar 15th, 08 Mar 15th, 08 Current
Nov 2011 Nov 1st, 07 Nov 1st, 07 Current
Oct 2011 Jul 15th, 07 Jul 15th, 07 Current
Sep 2011 Apr 15th, 07 Apr 15th, 07 Current
Aug 2011 Apr 15th, 07 Apr 15th, 07 Current
Jul 2011 Mar 8th, 07 Mar 8th, 07 Current
Jun 2011 Oct 15th, 06 Oct 15th, 06 Current
May 2011 Jul 1st, 06 Aug 1st, 06 Current
Apr 2011 May 8, 06 Jul 22nd, 06 Current
Mar 2011 May 8, 06 Jul 8th, 06 Current
Feb 2011 May 8, 06 Jul 1st, 06 Current
Jan 2011 May 8, 06 Jun 22nd, 06 Current
Dec 2010 May 8, 06 Jun 8th, 06 Current
Nov 2010 May 8, 06 Jun 1st, 06 Current
Oct 2010 May 8, 06 May 22, 06 Current
Sep 2010 May 8, 06 May 8, 06 Current
Aug 2010 Mar 1st, 06 Mar 1st, 06 Current
Jul 2010 Oct 1st, 05 Nov 22nd, 05 Current
Jun 2010 Feb 1st, 05 Nov 22nd, 05 Current
May 2010 Feb 1st, 05 Sep 22nd, 05 Current
Apr 2010 Feb 1st, 05 Aug 22nd, 05 Current
Mar 2010 Feb 1st, 05 Jul 8th, 05 Current
Feb 2010 Jan 22nd, 05 May 22, 05 Current
Jan 2010 Jan 22nd, 05 May 22, 05 Current
Dec 2009 Jan 22nd, 05 Apr 1st, 05 Current
Nov 2009 Jan 22nd, 05 Apr 1st, 05 Current
Oct 2009 Jan 22nd, 05 Mar 22nd, 05 Current
Sep 2009 Jan 8th, 05 Jan 8th, 05 Current
Aug 2009 Oct 1st, 03 Oct 1st, 03 Current
Jul 2009 Jan 1st, 00 Jan 1st, 00 Current
Jun 2009 Jan 1st, 00 Feb 15th, 05 Current
May 2009 Feb 15th, 04 Feb 15th, 05 Current
Apr 2009 Feb 15th, 04 Feb 15th, 05 Current
Mar 2009 Feb 15th, 04 Feb 15th, 05 Current
Feb 2009 Jan 1st, 04 Jan 1st, 05 Current
Jan 2009 Jul 1st, 03 Jul 8th, 04 Current
Dec 2008 Jun 1st, 03 Jun 1st, 04 Current
Nov 2008 Jun 1st, 03 Jun 1st, 04 Current
Oct 2008 Apr 1st, 03 Apr 1st, 04 Current
Sep 2008 Aug 1st, 06 Aug 1st, 06 Current
Aug 2008 Jun 1st, 06 Jun 1st, 06 Current
Jul 2008 Apr 1st, 04 Apr 1st, 04 Current
Jun 2008 Apr 1st, 04 Apr 1st, 04 Current
May 2008 Jan 1st, 04 Jan 1st, 04 Current
Jul 2007 Current Current Current
Jun 2007 1-Apr-04 Current
May 2007 8-Jan-03 Current
Apr 2007 8-Jan-03 Current
Mar 2007 8-Jan-03 Current
Feb 2007 8-Jan-03 Current
Jan 2007 8-Jan-03 Current

EB3 cut-off dates (excluding EW - other workers)

Date Availability
India China Rest of the world Philippines
Apr 2013
Mar 2013 Nov 22th, 02 Jan 22th, 07 May 1st, 07 Sep 1st, 06
Feb 2013 Nov 15th, 02 Nov 15th, 06 Mar 15th, 07 Aug 22th, 06
Jan 2013 Nov 8th, 02 Sep 22nd, 06 Feb 1st, 07 Aug 15th, 06
Dec 2012 Nov 1st, 02 Jul 1st, 06 Dec 22nd, 06 Aug 15th, 06
Nov 2012 Oct 22nd, 02 Apr 15th, 06 Nov 22nd, 06 Aug 8th, 06
Oct 2012 Oct 15th,02 Feb 8th, 06 Oct 22nd, 06
Sep 2012 Oct 8th, 02 Dec 15th, 05 Oct 1st, 06
Aug 2012 Oct 1st, 02 Nov 8th, 05 Sep 8th, 06
Jul 2012 Sep 22nd, 02 Sep 22nd, 05 Jul 22nd, 06
Jun 2012 Sep 15th, 02 Aug 8th, 05 Jun 8th, 06
May 2012 Sep 8th, 02 Apr 1st, 05 May 1, 06
Apr 2012 Sep 1st, 02 Mar 1st, 05 Apr 8th, 06
Mar 2012 Aug 22nd, 02 Jan 1st, 05 Mar 15th, 06
Feb 2012 Aug 15th, 02 Dec 1st, 04 Feb 22nd, 06
Jan 2012 Aug 8th, 02 Oct 15th, 04 Feb 1st, 06
Dec 2011 Aug 1st, 02 Sep 8th, 04 Jan 15th, 06
Nov 2011 Jul 22nd, 02 Aug 22nd, 04 Dec 22nd, 05
Oct 2011 Jul 15th, 02 Aug 8th, 04 Dec 8th, 05
Sep 2011 Jul 8th, 02 Jul 15th, 04 Nov 1st, 05
Aug 2011 Jun 1st, 02 Jul 8th, 04 Nov 1st, 05
Jul 2011 May 1, 02 Jul 1st, 04 Jul 1st, 05
Jun 2011 Apr 22nd, 02 May 15, 04
Apr 2011 Apr 8th, 02 Mar 1st, 04
Mar 2011 Mar 15th, 02 Jan 22nd, 04
Feb 2011 Feb 22nd, 02 Jan 1st, 04
Jan 2011 Feb 1st, 02 Dec 15th, 03
Dec 2010 Jan 22nd, 02 Dec 8th, 03
Nov 2010 Jan 22nd, 02 Nov 22nd, 03
Oct 2010 Jan 15th, 02 Nov 8th, 03
Sep 2010 Jan 1st, 02 Oct 22nd, 03
Aug 2010 Jan 1st, 02 Sep 22nd, 03
Jul 2010 Nov 22nd, 01 Aug 15th, 03
Jun 2010 Oct 22nd, 01 Jun 22nd, 03
May 2010 Oct 1st, 01 Apr 22nd, 03
Apr 2010 Sep 8th, 01 Feb 1st, 03
Mar 2010 Jul 1st, 01 Dec 15th, 02
Feb 2010 Jun 22nd, 01 Sep 22nd, 02
Jan 2010 Jun 22nd, 01 Aug 1st, 02
Dec 2009 May 1, 01 Jun 1st, 01
Nov 2009 Apr 22nd, 01 Jun 1st, 01
Oct 2009 Apr 15th, 01 Feb 22nd, 02
Sep 2009 U U
Aug 2009 U U
Jul 2009 U U
Jun 2009 U U
May 2009 U U
Apr 2009 Nov 1st, 01 Mar 1st, 02
Mar 2009 Oct 15th, 01 Oct 22nd, 02
Feb 2009 Oct 15th, 01 Oct 1st, 02
Jan 2009 Oct 15th, 01 Jun 1st, 02

References

External links