jpismahatma Posted September 8, 2015 Report Posted September 8, 2015 Immigration News by Immigration Attorney Houston Texas 04 Sep2015 Obama Administration Poised to Make Priority Date Current for Indians and Chinese in October 2015 President Obama released a report calling for a modernization of the present immigration system, highlighting the importance devising a new system to better estimate immigrant visa availability for prospective applicants. According to various sources, this system may become a reality in the very near future. It is our understanding that the US Department of State is currently in the process of making major changes to its system for determining immigrant visa availability. As you may know, the current system for determining immigrant visa availability is based on a monthly Visa Bulletin that is published by the Department of State. The Visa Bulletin contains a series of cut-off dates that vary by country and Employment-Based (EB) preference category. These cutoff dates determine when a foreign national may file an application for permanent residence (or green card). The applicant’s priority date must be “current,” meaning that the priority date must be before the relevant cut-off date listed in the Visa Bulletin, in order to receive an approval for a green card. According to the released details, the new Visa Bulletin will most likely contain two separate cut-off dates. The first, an “approval” cut-off date, regulates when a green card application may be approved. This will function in the same way as the current cut-off dates. The second, an “acceptance” cut-off date, sets the date for when an application may be filed. The “acceptance” cut-off date would result in major changes because it allows a foreign national to file a green card application as long as his priority date is before the relevant “acceptance” cut-off date. It is likely that the “acceptance” cut-off dates will be several years before the “approval” cut-off dates in India and China. If this is the case, many nationals from India and China will be able to file green card applications immediately once their “acceptance” cut off dates become effective. This change would be extremely significant for many Indian and Chinese foreign nationals. While this change would not speed up the wait to actually receive a green card, it could allow them to access the benefits that are available for green card applicants years before they receive a green card approval. These benefits include Employment Authorization documents, Advance Parole, the ability to avoid visa extensions and stamping, and the ability to qualify for AC-21 visa portability. We are optimistic about these potential changes and will keep you up to date on all developments and updates in this matter.
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