Understanding EB-2 Priority Dates
The EB-2 priority date is a crucial aspect of the US immigration process for foreign nationals seeking employment-based visas. It refers to the date when the US employer files a labor certification application with the US Department of Labor on behalf of the foreign worker.
This date is significant because it determines the foreign worker's place in line for a visa number. The US Citizenship and Immigration Services (USCIS) uses the priority date to allocate visa numbers, ensuring that applicants with earlier priority dates are processed first.
How EB-2 Priority Dates Are Determined
The EB-2 priority date is determined by the filing date of the labor certification application, also known as PERM. The US employer must demonstrate that there are no qualified US workers for the job and that hiring the foreign worker will not adversely affect the wages and working conditions of US workers.
Once the labor certification application is approved, the US employer can file an immigrant visa petition with USCIS, which will then assign a priority date to the application.
The Role of the Visa Bulletin in EB-2 Priority Dates
The US Department of State publishes a monthly Visa Bulletin, which provides information on the availability of immigrant visa numbers. The Visa Bulletin includes a cutoff date for each employment-based visa category, including EB-2.
If the foreign worker's priority date is earlier than the cutoff date listed in the Visa Bulletin, they may be eligible to apply for a green card. The Visa Bulletin is updated regularly to reflect changes in visa demand and availability.
Factors Affecting EB-2 Priority Dates
Several factors can affect EB-2 priority dates, including the country of birth, the type of job, and the demand for visa numbers. For example, applicants from countries with high demand for visa numbers, such as India and China, may face longer wait times due to retrogression.
Additionally, changes in US immigration law and policy can also impact EB-2 priority dates. It is essential for applicants to stay informed about the latest developments and seek guidance from an experienced immigration attorney.
Strategies for Managing EB-2 Priority Dates
Applicants can take several steps to manage their EB-2 priority dates effectively. This includes ensuring that their labor certification application is filed promptly and accurately, as well as monitoring the Visa Bulletin for updates on visa availability.
In some cases, applicants may be eligible to upgrade their priority date by filing a new labor certification application or switching to a different employment-based visa category. An experienced immigration attorney can help applicants navigate these complex issues and develop a strategy to achieve their immigration goals.
Frequently Asked Questions
What is the difference between a priority date and a visa number?
A priority date refers to the date when the US employer files a labor certification application, while a visa number refers to the actual immigrant visa allocated to the applicant.
How long does it take to get a green card through the EB-2 category?
The processing time for an EB-2 green card application can vary significantly depending on factors such as the country of birth and the demand for visa numbers.
Can I change employers while my EB-2 application is pending?
Yes, but it may affect your priority date and visa eligibility. It is essential to consult with an experienced immigration attorney before making any changes to your employment.
What happens if my priority date becomes current?
If your priority date becomes current, you may be eligible to apply for a green card. You will need to file a green card application with USCIS and attend an interview at a US embassy or consulate.
Can I apply for a temporary visa while my EB-2 application is pending?
Yes, you may be eligible for a temporary visa, such as an H-1B or L-1 visa, while your EB-2 application is pending. However, you must meet the eligibility requirements for the temporary visa and comply with its terms and conditions.
How often is the Visa Bulletin updated?
The Visa Bulletin is updated monthly by the US Department of State to reflect changes in visa demand and availability.