SEVERE RETROGRESSION TO IMPACT EB-3 CATEGORY

Based on the latest visa bulletin, hopeful immigrants, specifically, professionals or skilled workers [i.e., RNs, PTs, accountants, computer analysts, etc.] and unskilled workers [i.e., caregivers, clerks, etc.], appear to face tough times ahead.  The November 2009 Visa Bulletin shows a regression on the issuance of immigrant visas for the 3rd preference employment-based category (EB-3 - professionals, skilled workers, and unskilled workers) to persons born all over the world.

What is retrogression/regression and how will it affect professionals, skilled workers, and unskilled workers?

Retrogression connotes “a return to an earlier and usually worse condition;” regression implies “a going backward, especially from a more advanced or better state to a less advanced or worse one.”  
 
According to the November 2009 Visa Bulletin, if you were born in the Philippines, the new cut-off dates for the EB-3 category beginning November 01, 2009 is June 01, 2002 for professionals and skilled workers and June 01, 2001 for unskilled workers.
 
This means that by November 01, 2009, the U.S. government will only allocate or issue an immigrant visa to a professional or skilled worker born in the Philippines if the case of said individual has a priority date of May 31, 2002 or earlier. In the case of an unskilled worker who was born in the Philippines, the U.S. government will only allocate or issue an immigrant visa if the case of said individual has a priority date of May 31, 2001 or earlier.

The new cut-off dates also mean that the current waiting time for Philippine-born applicants who belong to the EB-3 category is approximately seven (7) years for professionals and skilled workers and eight (8) years for unskilled workers.
 
What are the possible scenarios?

Individual is in the U.S. with a pending adjustment application but priority date is not yet current.

In this case, the regression would cause severe delay in the processing of the adjustment application.  Pending approval thereof, however, the applicant is entitled to be issued and to renew his employment authorization document. Individual is in U.S. as tourist and has no pending adjustment application. If an individual is in the U.S. as a tourist and has no pending adjustment application, he will become out of status if he fails to leave the U.S. prior to the expiration of his I-94. He will not be allowed to apply for adjustment until his priority date – which is determined by the filing date of the immigrant petition [in the case of RNs and PTs] or labor certification application [in the case of other professionals, skilled workers, and unskilled workers] – becomes current. By that time, however, if he is already out of status, he will no longer be allowed to his adjust in the U.S. unless there is a special law [i.e., 245i, etc.] that allows him to still adjust to lawful permanent status despite his being out of status.

Individual is located abroad with an approved immigrant petition under the EB-3 category.
 
In the case of individuals located abroad with an approved immigrant petition under the EB-3 category, the State Department will put the case on hold and will not process or approve the immigrant visa application until the priority date becomes current.
 
Because of the negative impact of retrogression, it may be necessary for you to assess your situation and check with a reputable lawyer for alternative remedies that may help you in your goal to work and live here in the U.S.

If you want to know more about this topic, then we invite you to schedule an appointment for your free initial office consultation by calling us at (818) 956-8844 [Glendale] or at (626) 331-8188 [Covina]. You may also schedule an appointment online at www.palacioslawfirm.com.

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Attorney Eugene M. Palacios is the founder and principal of the Law Offices of Eugene M. Palacios, APLC. He has great depth of experience and a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. He is licensed as an attorney in California and is admitted to practice before U.S. Immigration Courts, the U.S. Central District Court, and California State Courts. He is also an active member of the American Immigration Lawyers' Association. His offices are located at 100 North Brand Boulevard, Suite 600, Glendale, California 91203 and at 800 South Barranca Avenue, Suite 250, Covina, California 91723. The above article does not, and is not intended to, constitute legal advice for a specific immigration problem, and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm's opinions and views on general issues.