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Employment Based Preferences
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U.S. Department of State - Priority Dates for July 2008
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
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| 1st |
C |
C |
C |
C |
C |
| 2nd |
C |
01APR04 |
01APR04 |
C |
C |
| 3rd |
U |
U |
U |
U |
U |
| Other Workers |
01JAN03 |
01JAN03 |
01JAN03 |
01JAN03 |
01JAN03 |
| 4th |
C |
C |
C |
C |
C |
Certain Religious
Workers |
C |
C |
C |
C |
C |
| 5th |
C |
C |
C |
C |
C |
Targeted
Employment Areas |
C |
C |
C |
C |
C |
- "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
- 1st : Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
- 2nd : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
- 3rd : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
- 4th : Certain Special Immigrants: 7.1% of the worldwide level.
- 5th : Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
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Annual Limits for Employment Based Green Cards: Fiscal Year 2007-2008
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| Employment-based preferences |
147,148 |
| First: |
Priority workers |
42,084 |
| Second: |
Professionals with advanced degrees or aliens of exceptional ability |
42,084 |
| Third |
Skilled workers, professionals, and needed unskilled workers |
42,084 |
| Fourth: |
Special immigrants |
10,448 |
| Fifth: |
Employment creation (“investors”) |
10,448 |
1 Visas not used in higher preferences may be used in these categories.
2 Plus unused employment 4th and 5th preference visas.
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Pursuant to INA § 245(a)(3), the content of the Visa Bulletin, including cutoff dates and indications of current (C) or unavailable (U), determine both whether a pending Application for Adjustment of Status (I-485) case can be approved, as well as when an I-485 can be filed. USCIS ties the filing of I-485 cases to the Visa Bulletin, however, priority date movement has the result of allowing I-485 cases to be filed, even if there will not be enough visa numbers available for the particular I-485 cases once they are reviewed by the USCIS. Many who filed I-485s during the summer of 2007 have come to understand this concept, as their I-485 cases are pending but may not be eligible for approval for a very long time due to a shortage of immigrant visa numbers under the per-country quota limits.
The cutoff dates are set by U.S Department of State based upon estimates of anticipated demand for visa numbers by taking into consideration historical patterns, data regarding cases awaiting interview at the consulates, and reports from the USCIS about their case load. The priority dates are set in an effort to use all the immigrant visa numbers by the end of the fiscal year, however, efforts are made to avoid having any category become unavailable.
Important Note: Fiscal year visa numbers of U.S Department of State always begins on 1st October & ends on 30th September of every year.
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NOTE: This information has been obtained from the Department of State visa bulletin.
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