The U.S. Department of State (DOS) has published the January 2012 Visa Bulletin. The priority cut-off dates for China and India in the employment-based, second preference (EB-2) category advanced more than nine months, to January 1, 2009. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. As a result of this advancement, many foreign nationals previously subject to visa retrogression will become eligible to file adjustment of status applications in January. It is important to note that all foreign nationals must be in the United States on the date of filing an adjustment of status application. Eligible applicants should consider any international travel plans, including holiday travel, accordingly.
Priority cut-off dates for the most common employment-based categories are provided below.
Employment-based, first preference (EB-1):
All foreign nationals: Current
“Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category.
Employment-based, second preference (EB-2):
Worldwide: Current
China: January 1, 2009
India: January 1, 2009
Mexico: Current
Philippines: Current
Employment-based, third preference (EB-3) professional/skilled workers:
Worldwide: February 1, 2006
China: October 15, 2004
India: August 8, 2002
Mexico: February 1, 2006
Philippines: February 1, 2006
Employment-based, third preference (EB-3) “other” workers:
Worldwide: February 1, 2006
China: April 22, 2003
India: August 1, 2002
Mexico: February 1, 2006
Philippines: February 1, 2006
The full text of the January 2012 Visa Bulletin is available at http://www.travel.state.gov/visa/bulletin/bulletin_5630.html.
If you have any questions about this alert, please contact your Gibney representative or email immigrationalerts@gibney.com.
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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.