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This is an old revision of this page, as edited by 12.130.39.140 (talk) at 19:36, 9 March 2012 (→EB2 Priority dates). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

For the concept of priority date in patent law, see priority right.

Priority date is a United States immigration concept - it is the date of filling for labor certification.

A common path to the green card in the United States is to obtain it through a family based or employment based petition, a very complex process that can take many years to complete. When a foreign worker, usually on a temporary work visa such as an H-1B with a U.S. employer, begins the green card process, the first step is to complete labor certification to prove that a qualified American worker could not be found to fill the position the foreign worker is taking. Labor certification is not required if applying in the EB1 category. The labor certification process has undergone a number of changes in recent years, from the laborious supervised recruitment process, to the Reduction-in-Recruitment (RIR) process, and now to the much faster online PERM system. In all cases, the date the labor certification is filed (directly with the United States Department of Labor for PERM applications, or with a State Workforce Agency for RIR applications) is assigned as the individual's Priority Date. As soon as the labor certification is approved, the immigrant's employer may file an I-140 form Immigrant Petition for Alien Worker petition with the USCIS to establish the immigrant's eligibility to file the I-485 form Application to Register Permanent Residence or Adjust Status, i.e. the green card application itself.

The United States Department of State publishes a monthly visa bulletin [1] which lists cutoff priority dates for different immigration categories and birth countries. Only those intending immigrants with priority dates before the cutoff date are permitted to file their Adjustment of Status (AOS) applications and obtain their green card. The cutoff dates generally move forward over time as old cases are disposed of. However, in certain cases, such as if a large number of old cases work their way through the system at about the same time, the cutoff dates can actually retrogress (or roll back). If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth. On the low end, the cutoff advanced eight months for immigrants from mainland China with jobs requiring Master's degrees. EB3 for India-born applicants has moved forward 25 months, the most of any category, thus impacting a huge number of workers with jobs requiring Bachelor's degrees.

For individuals starting the employment-based green card process now, country of birth and job requirements are paramount in determining how long the overall process will take. Individuals from countries other than China or India with jobs requiring a Master's degree can complete the entire process, from labor certification to receiving the green card, in as little as four months (in a best case scenario), if there is no backlog of visa availability, i.e., all priority dates are current. Workers from China or India with jobs requiring only a Bachelor's degree can expect to wait years after filing the labor certification and immigrant visa petition to become eligible to file the final application for the green card itself.

Recent development

  • On June 14, 2007 all the cutoff dates except Other Workers category became current: first July Visa Bulletin No. 107
  • On the morning of July 2, 2007 employment-based visas became unavailable again, with July 1, 2007 being Sunday: second July Visa Bulletin No. 108
  • On July 17, 2007 all the cutoff dates except Other Workers category have become current again until August 17, 2007. [2]
On July 17, 2007 United States Department of State (DOS) issued the August Visa Bulletin No. 109. Although the August Visa Bulletin indicates that visa numbers for employment-based cases are “unavailable” for August, it states the following:
"After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin No. 107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn."
What this means is that the first July Visa Bulletin No. 107 which indicated that visa numbers were available for employment-based cases for all categories and for all individuals, irrespective of birth, (except Other Workers category) is still valid, and that second July Visa Bulletin No. 108 is nullified. For all practical purposes, the USCIS will now accept AOS cases from all individuals in the abovementioned categories.

EB2 Priority dates

The dates for Apr 2012 have been updated in Department of State phone number (202.663.1541) but the visa bulletin is not yet out (as of 3/9/12 at 11:15 AM Pacific Time). EB2 India and China are at May 1st 2010. Some users keep undoing this change.

DATE INDIA CHINA
Apr 2012 May 1st, 11 May 1st, 11
Mar 2012 May 1st, 10 May 1st, 10
Feb 2012 Jan 1st, 10 Jan 1st, 10
Jan 2012 Jan 1st, 09 Jan 1st, 09
Dec 2011 Mar 15th, 08 Mar 15th, 08
Nov 2011 Nov 1st, 07 Nov 1st, 07
Oct 2011 Jul 15th, 07 Jul 15th, 07
Sep 2011 Apr 15th, 07 Apr 15th, 07
Aug 2011 Apr 15th, 07 Apr 15th, 07
July 2011 Mar 8th, 07 Mar 8th, 07
Jun 2011 Oct 15th, 06 Oct 15th, 06
May 2011 Jul 1st, 06 Aug 1st, 06
Apr 2011 May 8th, 06 Jul 22nd, 06
Mar 2011 May 8th, 06 Jul 8th, 06
Feb 2011 May 8th, 06 Jul 1st, 06
Jan 2011 May 8th, 06 Jun 22nd, 06
Dec 2010 May 8th, 06 Jun 8th, 06
Nov 2010 May 8th, 06 Jun 1st, 06
Oct 2010 May 8th, 06 May 22nd, 06
Sep 2010 May 8th, 06 May 8th, 06
Aug 2010 Mar 1st, 06 Mar 1st, 06
Jul 2010 Oct 1st, 05 Nov 22nd, 05
Jun 2010 Feb 1st, 05 Nov 22nd, 05
May 2010 Feb 1st, 05 Sep 22nd, 05
Apr 2010 Feb 1st, 05 Aug 22nd, 05
Mar 2010 Feb 1st, 05 Jul 8th, 05
Feb 2010 Jan 22nd, 05 May 22nd, 05
Jan 2010 Jan 22nd, 05 May 22nd, 05
Dec 2009 Jan 22nd, 05 April 1st, 05
Nov 2009 Jan 22nd, 05 Apr 1st, 05
Oct 2009 Jan 22nd, 05 Mar 22nd, 05
Sep 2009 Jan 8th, 05 Jan 8th, 05
Aug 2009 Oct 1st, 03 Oct 1st, 03
Jul 2009 Jan 1st, 00 Jan 1st, 00
Jun 2009 Jan 1st, 00 Feb 15th, 05
May 2009 Feb 15th, 04 Feb 15th, 05
Apr 2009 Feb 15th, 04 Feb 15th, 05
Mar 2009 Feb 15th, 04 Feb 15th, 05
Feb 2009 Jan 1st, 04 Jan 1st, 05
Jan 2009 Jul 1st, 03 Jul 8th, 04
Dec 2008 Jun 1st, 03 Jun 1st, 04
Nov 2008 Jun 1st, 03 Jun 1st, 04
Oct 2008 Apr 1st, 03 Apr 1st, 04
Sep 2008 Aug 1st, 06 Aug 1st, 06
Aug 2008 Jun 1st, 06 Jun 1st, 06
July 2008 Apr 1st, 04 Apr 1st, 04
June 2008 Apr 1st, 04 Apr 1st, 04
May 2008 Jan 1st, 04 Jan 1st, 04
July 2007 Current Current
June 2007 1-Apr-04
May 2007 8-Jan-03
Apr 2007 8-Jan-03
Mar 2007 8-Jan-03
Feb 2007 8-Jan-03
Jan 2007 8-Jan-03
Dec 2006 8-Jan-03
Nov 2006 1-Jan-03
Oct 2006 15-Jun-02

EB3 Priority dates

Date India China All others
Mar 2012 Aug 22nd, 02 Jan 1st, 05 Mar 15th, 06
Feb 2012 Aug 15th, 02 Dec 1st, 04 Feb 22nd, 06
Jan 2012 Aug 8th, 02 Oct 15th, 04 Feb 1st, 06
Dec 2011 Aug 1st, 02 Sep 8th, 04 Jan 15th, 06
Nov 2011 Jul 22nd, 02 Aug 24th, 04 Dec 22nd, 05
Oct 2011 Jul 15th, 02 Aug 8th, 04 Dec 8th, 05
Sep 2011 Jul 8th, 02 Jul 8th, 04 Nov 1st, 05
Aug 2011 Jun 1st, 02 Jul 8th, 04 Nov 1st, 05
Jul 2011 May 1st, 02 Jul 1st, 04 Jul 1st, 05
Jun 2011 Apr 22nd, 02 May 15th, 04
Apr 2011 Apr 8th, 02 Mar 1st, 04
Mar 2011 Mar 15th, 02 Jan 22nd, 04
Feb 2011 Feb 22nd, 02 Jan 1st, 04
Jan 2011 Feb 1st, 02 Dec 15th, 03
Dec 2010 Jan 22nd, 02 Dec 8th, 03
Nov 2010 Jan 22nd, 02 Nov 22nd, 03
Oct 2010 Jan 15th, 02 Nov 8th, 03
Sep 2010 Jan 1st, 02 Oct 22nd, 03
Aug 2010 Jan 1st, 02 Sep 22nd, 03
Jul 2010 Nov 22nd, 01 Aug 15th, 03
Jun 2010 Oct 22nd, 01 Jun 22nd, 03
May 2010 Oct 1st, 01 Apr 22nd, 03
Apr 2010 Sep 8th, 01 Feb 1st, 03
Mar 2010 Jul 1st, 01 Dec 15th, 02
Feb 2010 Jun 22nd, 01 Sep 22nd, 02
Jan 2010 Jun 22nd, 01 Aug 1st, 02
Dec 2009 May 1st, 01 Jun 1st, 01
Nov 2009 Apr 22nd, 01 Jun 1st, 01
Oct 2009 Apr 15th, 01 Feb 22nd, 02
Sep 2009 U U
Aug 2009 U U
Jul 2009 U U
Jun 2009 U U
May 2009 U U
Apr 2009 Nov 1st, 01 Mar 1st, 02
Mar 2009 Oct 15th, 01 Oct 22nd, 02
Feb 2009 Oct 15th, 01 Oct 1st, 02
Jan 2009 Oct 15th, 01 Jun 1st, 02

See also

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