Relief on the Way for Long-Pending Employment-Based Green Card Cases

Today, the State Department announced that employment-based preference categories with historically long waits will advance significantly in the month of September.  For those born in India with a second preference (“EB-2”) case, the current priority date will advance slightly over 5 months to June 15, 2008.  Similarly, the current priority date for the third preference, or “EB-3,” category will advance 8 months to September 22, 2003 for India and advance 1.5 years for China, Mexico and most other countries of birth to July 1, 2010.

As demand is anticipated to be high, there may be a possible retrogression or visa unavailability prior to the end of September.  Historically, however, USCIS has honored and accepted adjustment of status applications for all qualifying applicants within a posted month, notwithstanding an exhaustion of new visa numbers within the month.  Click here for the related September Visa Bulletin.

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