Edgerton Immigration Law, PLLC
Phone: (919) 301-0055
Fax: (919) 573-6147
Email: Info@Edgertonimmigration.com
3737 Glenwood Avenue, Suite 100, Raleigh, NC 27612
Updates on Priority Dates for Employment-Based (EB) and Family-Based (FB) Immigrant Visa Categories |
 |
 |
| Wednesday, 07 July 2010 11:40 |
|
According to the July Visa Bulletin, the EB1 category for all countries will continue to be current during July 2010. However, the establishment of a cut-off date during the remainder of the government's fiscal year (ending September 30th) may occur should EB1 demand remain heavy.
In the EB-2 category, the prognosis continues to be very poor for both India and China. For India, the July 2010 priority date is October 1, 2005 (a nine-month increase from the June Visa Bulletin). For China, the July Visa Bulletin reports that the priority date is November 22, 2005 (no change from June). For this category, visa availability may also become unavailable by the end of the fiscal year. Given increased demand in all immigrant visa categories, there is a serious concern that, without legislative relief, the waiting time for Indian and Chinese EB-2 applicants may be years or even decades.
In addition, there is an increased demand in the EB-3 category due to the Department of Labor's clearance of backlogged labor certification cases. Based on current immigrant visa demand, current priority dates in the EB-3 category for the July 2010 bulletin show China (August 15, 2003); India (November 22, 2001); Mexico (Unavailable) and other countries not specifically listed, the priority date is August 15, 2003.
Family based immigrant visa backlogs also remain atrocious. Currently, most brothers and sisters of U.S. citizens will be required to wait about ten years before becoming eligible to immigrate, while even adult children of U.S. citizens will be required to wait at least five years. In some cases (such as Mexico), adult children of U.S. citizens must still wait almost twenty years to be eligible to immigrate.
As background, priority dates determine when an intending immigrant is first eligible to file for adjustment of status or consular processing in order to complete the last stage of the permanent residence process. In employment-based cases, the priority date is established based on the date that the labor certification (if required) or I-140 petition is filed with the government. In family-based cases, priority dates are established based on the date that the I-130 petition is filed.
|
Contact Us:
Recent News:
I-9 Forms Electronic Storage Requirements Finalized in New DHS RegulationOn July 22, 2010, the Department of Homeland Security (DHS) finalized a regulation designed to provide more flexibility... [ More ] |
Updates on TPS and DED Registration for Certain CountriesThe Secretary of Homeland Security is authorized to grant temporary protected status (TPS) to eligible nationals of cert... [ More ] |
Instructions for B-1/B-2 Visitors who Want to Enroll in SchoolU.S. CIS recently issued "Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School." In this instructio... [ More ] |
USCIS Implements H-1B and L-1 Fee IncreaseOn August 13, 2010, President Obama signed into law Public Law 111-230 which contains provisions to increase certain H-... [ More ] |
Upcoming Events
There are no upcoming events currently scheduled.