Eight Year Advancement for EB-3 Philippines!
VisaWolf is happy to confirm that the USCIS and State Department jointly announced today that nearly every I-140 beneficiary with a recent priority date may apply for adjustment of status ( “AOS” or “I-485”) or consular processing (“CP” or “DS-230”), even if his or her priority date is not current, starting October 1, 2015.
This means that any Philippine-born RN with an EB-3 priority date of January 1, 2015 or older, will be able to file AOS starting October 1, 2015. The actual priority date available under EB-3 Philippines next month is January 2007. In effect, a full eight years’ worth of EB-3 Philippines applicants can file for AOS next month!
Although the new policy applies to both AOS and CP, the major impact will be on AOS applicants — for example, many Philippine nurses who have been waiting nearly a decade to file AOS. These new AOS applicants (plus spouses and children) will be able to receive Employment Authorization Documents – work permits– (“EADs”) and Advance Parole – travel permits — (“APs”) when they file AOS.
Come to the US and file AOS
Hundreds of Philippine nurses, perhaps thousands, are now eligible to file AOS but are living outside the US. Many ran out of time on their H working visas and left the US years ago. We know, since our office filed many of these I-140 petitions! These nurses are now eligible to return to the US and file AOS and receive the EAD/AP. Such a nurse may plan to enter the US as a “visitor” and then file AOS shortly after arrival. This can be risky since a visitor is not supposed to be an intending immigrant. Careful planning is needed to ensure timely – and lawful — arrival in the U and filing of AOS.
If you are like many Philippine nurses who were sponsored for a green card years ago and then left the US, you may soon have a chance to return to the US and file for the green card. Of course you need to have a valid visa to enter the US, like B-1/B-2 visitor, F-1 student, etc. Most US visas have a restriction [called “section 214(b)”] that prevents filing AOS soon after entering the US. We have a legal solution for this. Also, when a nurse files AOS, a written job offer is usually required. We have a legal solution for this too. For a consultation with a US immigration lawyer on how to take advantage of this excellent opportunity to complete the green card process as a nurse, please click here to contact our office for a consultation.
The Visa Bulletin now shows two separate tables of “priority dates” (filing date of an approved I-140 immigrant petition). Table A shows the “Final Action Dates” which are the priority dates of cases which can be approved for permanent residence (AOS approval or immigrant visa issuance). Table B shows “Visa Filing Dates” which are the priority dates of cases which can be filed for permanent residence (AOS or CP). At the end of each month, the USCIS and Dept of State will see how many people apply for AOS/CP. Based on the number of people actually approved for permanent residence, the agencies will revise Table A; based on the number of people in the pipeline apply for AOS/CP, they will revise Table B. The October 2015 Visa Bulletin is available at this link: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html
In other words, the USCIS is giving us notice that this window may close at any time. If they close the window, this means that anyone who did not file AOS, may need to wait several more years before having the chance to file AOS again. For a consultation on how to take advantage of this excellent opportunity to complete the green card process as a nurse, please click here contact our office for a consultation.
Our diverse, multi-lingual team is here to help. We provide immigration services in English, Spanish, Tagalog, Cebuano, Chinese (Mandarin & Min Nan Hua), Portuguese, Thai, Pashtu, and French. From our California office in the San Francisco Bay Area near Oakland, we serve clients throughout the United States, Philippines, and the world. We provide immigration expertise to clients in all parts of the U.S., including Houston, Seattle, Hawaii, New York, Florida, Chicago, and Ohio. We welcome your inquiries and suggestions, and look forward to building a lasting relationship with you. Contact the immigration attorneys at Visawolf LLP.