As the May 2015 Visa Bulletin reveals, the 3rd employment-based preference category (EB-3) for nationals of The Philippines has just retrogressed significantly. In April 2015, Philippines nationals with priority dates of 1 October 2014 or earlier could file their green card applications. As of May 2015, the cut-off date fell way back to 1 July 2007.
Overview of Immigrant Visa Numbers
To explain briefly how this works, there are five employment-based preference categories for green cards. The 1st employment-based preference category (EB-1) is reserved for foreign nationals of extraordinary ability, outstanding professors and researchers, and multinational managers or executives. The 2nd employment-based preference category (EB-2) is for foreign nationals of exceptional ability, those who qualify under the “national interest waiver”, and those with advanced degrees (e.g. Ph.D., Masters) or its equivalent (Bachelors plus at least 5 years of progressively responsible work experience in the field). EB-3 is reserved for those foreign nationals who are skilled workers, “other” unskilled workers, or professionals (i.e. possessing a U.S. or foreign equivalent Bachelor’s degree in the field of the proposed role).
The EB-3 preference category first requires the employers of foreign nationals to test the U.S. labor market in the employee’s field and satisfy the U.S. Department of Labor (DOL) that there are no qualified U.S. workers available to fill the proposed role. The foreign national’s priority date is then determined by the date the employer filed that labor certification application with the DOL.
In addition, there is a 7% cap placed on green card allocations each year for each foreign country. The effect of this cap is that foreign nationals who are born in high U.S. immigration countries like China, India, Mexico, and The Philippines often have to wait a long time until they are allowed to file their green card applications, depending on the degree to which they have exhausted their annual green card allocations. Each month the U.S. Department of State releases a visa bulletin that reflects the current state of play.
Philippines Nationals
So, as mentioned above, in April 2015 those Philippines-born foreign nationals with a priority date of October 1, 2014 or earlier could file their green card applications. However, in May 2015, the U.S. Department of State pushed the cut-off date far back to July 1, 2007.
The practical effect of this retrogression is that those Philippines-born nationals with pending green card applications but EB-3 priority dates after 1 July 2007 will likely have another long wait before their green card applications are processed. The Nebraska Service Center, which processes the vast majority of green card applications, has stated that cases are generally processed on a first-in, first-out basis, and that it will make every effort to review all adjudication-ready employment-based green card applications each month. However, they have indicated that unless an EB-3 Philippines case is approvable based on the May cut-off date (i.e. a priority date of July 1, 2007 or earlier), the case will be placed on hold until the priority date becomes current again.
There are rumblings that the long-stalled comprehensive immigration reform legislation may include changes to the employment-preference category system and the country-specific allocation cap, but in the meantime, those affected Philippines nationals waiting anxiously for better news in future Department of State visa bulletins should contact our law firm to discuss the possibility of alternative strategies to obtaining U.S. permanent residence.