In a previous piece about the erratic visa cut-off date movements on the monthly US Visa Bulletin, this corner waxed philosophical with a whit of metaphor by comparing such drifts to the roll of the dice in a game of craps, or to picking a bonbon from Forrest Gump’s box of assorted chocolates (“you never know what you’re going to get”).
As foretold in passing then, “sooner or later, the proverbial dice will hit a come-out roll of seven or eleven on a Pass Line bet, or Mr. Gump will pick a cherry-flavored candy from the assorted box manufactured by US Choc-a-Visa Co.”
Lo and behold, it seems that the prophesied come-out roll had finally come to pass and Mr. Gump had managed to pick a cherry-flavored candy from the box.
Indeed, this month’s Visa Bulletin is a breath of fresh air for intending immigrants, especially to those waiting in line in the US.
As of 1 October 2024, the third-preference employment-based (EB-3) category for professional and skilled workers from the Philippines lists a Final Action Date of 15 November 2022 and a Date for Filing benchmark of 1 March 2023.
This means that those sponsored nurses, teachers and other professional and skilled workers from the Philippines whose priority date is 15 November 2022 or earlier (meaning their immigrant sponsorship case was initiated on or before said date) are now eligible for an immigrant visa.
If they are based in the US and not barred from adjusting status, they can now submit an adjustment of status application to permanent resident (‘green card’) with accompanying interim benefits such as work permit and travel document if their priority date is 1 March 2023 or earlier.
Those falling under the EB-3 other workers’ category (“unskilled workers”), which include caregivers, nannies, and the like, are eligible for an immigrant visa if their priority date is 1 December 2020 or earlier.
Those based in the US can file for adjustment of status if their priority date is 22 May 2021 or earlier.
Contrast these with last month’s Visa Bulletin where the cut-off dates for the Philippines’ EB-3 professional/skilled workers’ category are 1 December 2020 and 1 January 2023, and 1 May 2020 and 15 May 2020 for the “unskilled workers” category, and a rosy picture emerges.
To illustrate, a Philippine-based RN petitioned by a US employer on 1 November 2022 was previously not eligible for an immigrant visa because last month’s Final Action Date was 1 December 2020. Barring any substantial retrogression or interview-related delays, e.g., medical screening issues, online scheduling backlogs, etc., she would be able to migrate to the US soon because her priority date is now current (earlier than 15 November 2022).
Another example is a US-based Filipina caregiver petitioned by her employer as an “unskilled worker” on 15 May 2021. Assuming that she has a valid nonimmigrant status in the US, she is now allowed to file for adjustment of status because her priority date is earlier than 22 May 2021.
It must be noted that since early this year, the USCIS has hitherto used the less generous Final Action Date chart to determine who was eligible to file for adjustment of status in the US.
However, like the proverbial icing on the cake, the October Visa Bulletin is accompanied by a “sweetener” — a timely USCIS announcement that the more expansive Date for Filing chart can be used by US-based applicants to apply for adjustment of status, to the delightful surprise of many who are otherwise ineligible to file.
A cherry-flavored candy from Mr. Gump, indeed.