Movement of Priority Dates for Unskilled "Other Workers" Category
Posted Nov 16, 1998

The State Department Visa Office ("VO") has noted that the waiting list in the "other worker" category has moved very quickly during the previous six months compared to original predictions. As a result, many more people have become eligible to file for adjustment of status in this category.

For those who are unclear on the "other worker" category, it falls under the Employment Based Third Preference classification and is comprised of those who have neither a Bachelor's Degree nor the 2 years of experience for the job, where the job is performed by unskilled workers with little or no experience. Of the 140,000 immigrant visas available in the Employment Based Third Preference each year worldwide, no more than 10,000 can be allotted to the "other worker" category. Most lawyers, including the Law Office of Sheela Murthy had predicted that the "other worker" category would be extremely backlogged resulting in several years of delays for the priority dates to become current. In the last six months, the movement of these dates was faster than expected.

The VO cautions that the number of people who have filed for adjustment during that time has not yet been reflected in the priority date chart. The INS takes time to process these cases, and applicants are not counted against the quota until their adjustment applications are approved.

Therefore, once a significant number of these workers have had the opportunity to complete their adjustment process, there is expected to be a corresponding slowing, or even a complete halt, of movement for the unskilled other worker quota category.

The Law Office of Sheela Murthy cautions that those who qualify in this or other categories and whose dates are current should file the adjustment application and concomitant benefits like the employment card and the travel permit (advance parole) as soon as possible to avoid possible interminable delays in the future.