• United States: Priority Dates to Advance Slightly for Most Employment-Based Preference Categories in November
  • October 13, 2010
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • The Department of State has released the November Visa Bulletin, its projection of immigrant visa availability for the coming month. In November, priority date cut-offs for most backlogged employment-based preference categories will advance by one to two weeks. In the second employment-based (EB-2) preference category, priority dates will advance by one week for China, to June 1, 2006, but will remain unchanged for India, at May 8, 2006. In the third employment-based (EB-3) subcategory for professionals and skilled workers, priority date cut-offs will advance by two weeks for China, to November 22, 2003, and one week for India, to January 22, 2002. For most other countries, the EB-3 professional and skilled worker category will advance by two weeks, to January 22, 2005.

    Over the next several months, priority date cut-offs for backlogged employment-based immigrant categories are expected to continue to advance slightly or remain unchanged, according to the projections of a Department of State official. However, the family-based second preference subcategory for spouses and children under 21 of lawful permanent residents (F-2A) has made rapid advancements recently, with priority date cut-offs of June 1, 2010 for November. Due to uncharacteristically low demand for the category, DOS officials have suggested that the F-2A category could become current as early as February 2011. This could be significant for foreign nationals who obtained permanent residence through an employment-based category but have spouses and children who were unable to follow to join them ¿ such as where the principal immigrant gained permanent residence before marrying or where a spouse and children were subject to priority date retrogression.

    In November 2010, priority date cut-offs for employment-based immigrant categories will be as follows:

    EB-1

    Current for all countries.

    EB-2

    China ¿ June 1, 2006.
    India ¿ May 8, 2006.
    All other countries ¿ current.

    EB-3 Professionals and Skilled Workers

    China ¿ November 22, 2003
    India ¿ January 22, 2002.
    Mexico ¿ May 1, 2001.
    All other countries ¿ January 22, 2005.

    EB-3 Other Workers

    India ¿ January 22, 2002.
    Mexico ¿ May 1, 2001.
    All other countries ¿ April 1, 2003.

    EB-5

    Current for all subcategories and countries.

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