The September 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are available, regardless of the person’s priority date. If a person is being petitioned by an employer, and their Form I-140 employment-based petition has been approved or is pending, they could possibly be eligible to file for adjustment of status and work authorization, assuming they are otherwise eligible for adjustment of status (i.e. no issues re maintaining status, no fraud/crimes, etc.) People with approved or pending I-140 petitions should see an attorney about their eligibility to file for adjustment, now that the priority dates for these employment-based categories are current.
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment-based categories. A priority date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date is earlier than the cut-off date listed below. If your priority date was “current,” but later retrogressed (or “moved backwards” and became unavailable) 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.
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Michael J. Gurfinkel has been an attorney for over 40 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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