Priority Dates May Retrogress
Posted Sep 24, 2004
©MurthyDotCom
As regular readers of MurthyDotCom and the MurthyBulletin know, the monthly Visa Bulletin issued by the U.S. Department of State (DOS) shows the movement of priority dates for the various family and employment preferences. Recently, the Visa Bulletin reported that the priority dates may retrogress or, in other words, move backward.
©MurthyDotCom
The priority dates reflect the date before which a case must be filed in order to have a visa number available. This is vital information, as it determines which individuals are eligible to further pursue permanent residence, through either the I-485 or consular processing for an immigrant visa based upon an approved I-130, I-140, or other immigrant petition. It is necessary for there to be a visa number available in order to file the final stage of the green card case and to obtain either the "green card" approval or the issuance of the immigrant visa.
©MurthyDotCom
We first covered retrogression or the roll-back of the priority dates or visa numbers in our August 6, 2004 MurthyBulletin article, Backlog Reduction May Impact Priority Dates, available on MurthyDotCom. The most current DOS Visa Dates are available on MurthyDotCom. The more detailed DOS Visa Bulletin, currently for October 2004, indicates what can be expected during the fiscal year (FY) 2005, (Oct 1, 2004 – Sept 30, 2005). The DOS regularly issues the next month's bulletin around the middle of the preceding month. For example, the Visa Bulletin for October 2004 was released to AILA, and the dates posted on MurthyDotCom, September 17, 2004. The Bulletin was published on the DOS WebSite soon thereafter. The purpose of this is to provide individuals with an opportunity to plan how they will proceed with their cases.
©MurthyDotCom
The movement of the priority dates, either forward or backward, is determined by the demand for immigrant visas. This demand, in turn, is affected by the rate of approvals of the initial stages of green card cases by the Department of Labor (DOL) and the USCIS. As the DOL and the USCIS work to clear case backlogs using backlog reduction plans and faster processing methods, delays in acquiring visa numbers are anticipated. As both the adjustment applications and consular processing requests move forward, they create a greater demand for visa numbers.
©MurthyDotCom
Family Cases
©MurthyDotCom
The DOS indicates in the October 2004 Visa Bulletin that the increased demand in the family cases will mean that, at best, the priority dates are unlikely to move forward to any significant degree in FY2005. At worst, the dates may retrogress. While retrogression of family-based priority dates is not expected in the immediate future, it is possible that the numbers will retrogress late in FY2005. This does not have any impact upon family cases filed for immediate relatives, as they are not subject to the numerical limitations. Immediate relatives are spouses, parents and minor, unmarried children of U.S. citizens.
©MurthyDotCom
Employment Cases
©MurthyDotCom
At the present time, all employment-based (EB) categories are current. This means that there are enough visa numbers for all cases, in all employment-based categories, regardless of one's priority date or the initial filing date. However, this favorable situation is likely to end. The DOS states that it is probable one or more EB preference categories will cease being current during FY2005 and will have cut-off dates, as has been experienced in the past. The Visa Bulletin states that the EB third-preference category (where the job requires either 2 years of prior work experience or a Bachelor's degree and less than 5 years of prior work experience) may retrogress as early as January 2005, though this is not yet a certainty.
©MurthyDotCom
File the I-485/CP Case Early
©MurthyDotCom
The beneficiary of an I-140 or I-130 (with a current priority date), who has been delaying pursuit of the green card for any reason, is advised to reconsider filing before the priority dates start to retrogress. One with a pending I-140, particularly one in EB3 who did not file an I-485, may wish to file now rather than waiting for a potential retrogression. The potential retrogression will need to be considered when deciding whether to select processing a case as an Adjustment of Status (I-485), or through consular processing for an immigrant visa. With the I-485, one is able to obtain an employment authorization document (EAD) to work. With the Consular Processing option, one is generally able to obtain permanent residency faster but the applicant and the spouse will not be entitled to EADs.
©MurthyDotCom
While no immediate retrogression is expected, January 2005 is only three months away, and it can take time to collect proper documentation and data. The severity of the impact in employment-based cases will depend upon the cut-off dates that are established.
© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
Copyright : Documents from this site may be printed for personal use as long as the copyright notices are included on the print-outs and the documents are not modified or altered.