Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
Priority Dates & Prevailing Wage Determinations
Priority Dates to Move Forward

The U.S. Department of State has just released the Visa Bulletin for October 2011.  EB2 India and China have advanced by three (3) months so that the current priority date* as of October will be July 15, 2007.


The bigger news is that this new cut-off date is approaching the most favorable date previously reached for applicants from China and India. The rapid forward movement is intended to generate

demand based on new filings for adjustment of status at U.S. Citizenship and Immigration Services offices, which currently accounts for over 85% of all Employment-based number use.


Once the level of demand increases sufficiently, it may be necessary to slow or stop the cut-off movement, and a retrogression of the cut-offs at some point during the year is a distinct possibility.


So, individuals with approved I-140s whose priority date will become current in October, should start preparations for filing their I-485 applications in October as visa numbers may later retrogress.


 * The priority date represents the date that an employer files a Labor Certification Application with the U.S. Department of Labor (also known as a PERM application) on behalf of an individual.  This date marks the individual's place in line for an immigrant visa number and controls when the individual is permitted to file the last application in the process of seeking U.S. Permanent Residence.  So, an individual may not commence the last stage in the green card process until his/her priority date is current.

Update on Prevailing Wage Determinations

The Department of Labor informed NAFSA (National Association of Foreign Student Advisors) and other associations in a September 9, 2011 conference that they hope to become current on court-ordered H-2B prevailing wage redeterminations by the week of September 19, and thereafter become current (i.e., be back to a 60-day processing period) on PERM prevailing wage determinations by the first week of November.


In the meantime, DOL has already begun working on the PERM prevailing wage determination backlog on a first-in first-out basis, with the oldest outstanding PERM determination request being the first week of June at the time of the conference call.

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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.




Leila Freijy
Law Office of Leila Freijy PLLC
Leila Freijy, Esq.
2701 Troy Center Dr.
Suite 410
Troy, MI 48084
248.287.4115 (fax)

(Of Counsel to Ellis Porter - Immigration Attorneys)

In This Issue
Priority Dates to Move Forward
Update on Prevailing Wage Determinations