October 24, 06

NEWS / The November 2006 Priority Dates: Nurses and Physical Therapists Retrogress

MOST Employment and Family-Based Priority dates moved forward (or advanced) in November 2006, except for nurses and physical therapists, whose priority date retrogressed (or moved backwards) from "current" to October 1, 2005.

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 14 days, from November 1, 1991 to November 15, 1991.

The Third Preference Category, F-3 (married sons and daughters of United States citizens) moved forward by six months and seven days, from August 1, 1990 to February 8, 1991.

The Fourth Preference, F-4 (brothers and sisters of United States citizens) moved forward by one month, from April 1, 1984 to May 1, 1984.

Petitions by Green Card Holders:

The Second Preference Category, F-2A (Spouse and minor children of green card holders) moved forward by four months and 10 days, from April 22, 2001 to September 1, 2001.

The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 24 days, from July 22, 1996 to August 15, 1996.

Petitions by Employers:

The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) moved forward by 2 months, from May 1, 2002 to July 1, 2002.

The Third Preference Schedule A (nurses/physical therapists) of Employment-Based Petitions retrogressed, from being "current" to October 1, 2005. This means that nurses and physical therapists can no longer file their petition and adjustment of status at the same time. Only nurses and physical therapists with priority dates earlier than October 1, 2005 are eligible for adjustment of status, immigrant visas, or green cards.

The Third Preference (non-skilled workers) moved forward by 4 months, from January 1, 2001 to May 1, 2001.

Each month, the Visa Office of the State Department publishes the priority dates for that particular month. This means that visas 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 you adjusted status in the U.S.), you would have to wait until it becomes current again.

The November 2006 priority dates for the Philippines are as follows:

FAMILY CATEGORY:
Priority Date:
First Preference
Unmarried sons and daughters of U.S. citizens (over 21 years of age)
November 15, 1991
(In October 2006, the priority date was November 1, 1991.)

Second Preference
2A.Spouse and minor children (below 21 years old) of green card holder
September 1, 2001
(In October 2006, the priority date was
April 22, 2001.)


2B.Unmarried sons and daughters (over 21 years old) of green card holder
August 15, 1996
(In October 2006, the priority date was July 22, 1996.)

Third Preference
Married sons and daughters of U.S. Citizens.
February 8, 1991
(In October 2006, the priority date was August 1, 1990.)

Fourth Preference
Brothers and sisters of U.S. Citizens.
May 1, 1984
(In October 2006, the priority date was April 1, 1984.)

LABOR CERTIFICATION:
Third Preference

Schedule A
Professional/Skilled Workers
(Nurses/Physical therapists)
July 1, 2002
(In October 2006, the priority date was May 1, 2002.)

October 1, 2005
(In October 2006, the priority date was current.)

Other workers
Non-Skilled Workers
May 1, 2001
(In October 2006, the priority date was January 1, 2001.)


Atty. Michael J. Gurfinkel