EB Priority Dates to Remain Current in FY 2002!
Posted Nov 09, 2001

We are pleased to convey some good news to our MurthyBulletin and MurthyDotCom readers. On several occasions we have reported that the U.S. Department of State (DOS) were predicting backward movement in the employment-based (EB) categories on the monthly Visa Bulletin chart in early 2002. More recently, DOS revised its predictions, stating that the employment-based categories, with the possible exception of the "other workers" (generally unskilled positions) category, now are expected to remain current through fiscal year (FY) 2002. FY 2002 is the period from October 1, 2001 to September 30, 2002. Therefore, we are no longer expecting a retrogression in the near future.

The reason DOS gives for its expectation that there will be enough available permanent visas to meet the demand in the employment-based categories, is that there are additional immigrant visas available from prior years that can be recaptured, due to new procedures established under the AC21 law of October 2000. Unfortunately, that favorable situation pertains only to the employment-based categories. Family-based categories are not expected to move much at all.

The expectation that priority dates will remain current for FY 2002 is a positive development for those exploring the best options for obtaining green cards. This news is especially helpful for those whose I-485s were pending or who have been waiting to get married and then file for CP or I-485. No one can guarantee how long the dates will remain current but this latest information from the DOS could be useful in planning your future.