If you missed part 1, please click here: http://topimmigrationnews.blogspot.com/2013/01/frequently-asked-questions-uscis-visa.html
Who should be aware of the priority date and who may not?
Those aliens who are subject to the annual immigrant visa quota should pay close attention to their priority dates. In other words, the priority dates affect those applicants who belong to one of the four categories of preference in family-based immigrant petitions, and theoretically all of the employment-based applicants.
However, practically speaking, the visa numbers for the first preference in employment-based immigrant petition (EB-1, aliens with extraordinary ability, outstanding researchers, and multinational executives), the fourth preference (EB-4, certain special immigrants), the fifth preference (EB-5 investors) and the religious workers in employment-based immigrant petition are usually “current” all the time.
This means that qualified EB-1, EB-4, and EB-5 applicants are able to adjust status or consular process at any time. For family-based immigration petitions, applicants who are immediate family members of U.S. citizens (spouses, parents, and unmarried children under the age of 21 of U.S. citizens) need not concern themselves with the priority date, because they are not subject to the annual immigrant visa quota.
Who should be aware of the priority date and who may not?
Those aliens who are subject to the annual immigrant visa quota should pay close attention to their priority dates. In other words, the priority dates affect those applicants who belong to one of the four categories of preference in family-based immigrant petitions, and theoretically all of the employment-based applicants.
However, practically speaking, the visa numbers for the first preference in employment-based immigrant petition (EB-1, aliens with extraordinary ability, outstanding researchers, and multinational executives), the fourth preference (EB-4, certain special immigrants), the fifth preference (EB-5 investors) and the religious workers in employment-based immigrant petition are usually “current” all the time.
This means that qualified EB-1, EB-4, and EB-5 applicants are able to adjust status or consular process at any time. For family-based immigration petitions, applicants who are immediate family members of U.S. citizens (spouses, parents, and unmarried children under the age of 21 of U.S. citizens) need not concern themselves with the priority date, because they are not subject to the annual immigrant visa quota.
Who determines visa availability, quotas, and the cut-off dates?
Congress determines the number of immigrants allowed to enter the United States for each category and country by allocating the number of immigrant visas. This determination affects the number of visas available for all of the family-based and employment-based immigration categories and sets the quota.
Based on the number set by Congress, the Department of State determines the cut-off dates in order to fairly distribute the visas over all the categories.
When is the latest time frame that one must apply for adjustment of status after one's priority date becomes current?
ReplyDeleteYou can apply at any time as long as your PD is current and you maintain status up until the time you file.
DeleteI just finished completing all the requirements. I recently got my VS. My question is how long should i still wait before I get my EB 3 visa. Today is Feb 16,2015
DeleteF3 category for India is running real slow..... When my file become current... File been put April 2006.
ReplyDeleteGreat advise. ....updates
ReplyDelete