The U.S, Department of State’s visa bulletin for March 1986 did not reflect any significant changes in the waiting period for persons from India with priority dates for U.S. Permanent Resident Visas.

‘As an example, the 2nd preference category (spouses and unmarried children of green card holders) moved to 4 1585 an advance of six weeks from February.

It should be explained that the 2nd preference 4-15-85 date for Indians ‘means that those persons who had visa petitions or labor certification applications filed prior to 4-15-85 will be eligible for permanent resident visas during March,

A person’s place on the visa waiting list the so-called priority date, is determined by the date the visa petition or labor certification application if filed, It is not determined by the date of approval by the Immigration Service but by the earlier filing date.

‘One of the most heavily used visa categories from India is the 5th preference which includes brothers and sisters of U.S.S citizens. Indians with 5th preference priority dates earlier than 5-8-81 will be eligible to file their permanent resident visa applications during March,

Historically, the 5th preference has been one of the slowest moving visa categories. In the past three months it has only moved ahead three weeks for persons from India.

The two categories, 3rd and 6th, whose eligibility is based on a person’s profession or occupation, are in considerable better shape for India than the 5th preference, Third preference applicants (professionals) with priority dates earlier than 1-11-86 and 6th preference applicants. (Skilled workers) with priority dates earlier than 5-01-84, are eligible for visas in March.

To qualify in either the 3rd or 6th preference categories, the applicant must have a job offer for a position in the USS. in which it has been documented that there are no qualified U.S workers willing and available to take the particular job. There are other qualifications for 3rd and 6th preferences, but proving that there is a shortage of experienced workers usually is the most difficult requirement in such cases.

However, inspite of the unemployment problems in the United States, in recent years the majority of Labor Certification applications in 3rd and 6th preference cases have eventually been approved.

‘The other two visa categories, 1st and 4th preferences, both are current, In other words, there is no backlog in applications and on approval of the visa petition, the beneficiary would be immediately eligible to apply for a visa.

‘The 1st preference includes unmarried sons and daughters of US citizens, and the 4th preference is for married sons and daughters of U.S. Citizens, And in both categories the beneficiaries can be of any age.

It should also be pointed out that the so-called “immediate relative” visa applicants are not affected by these preference categories ‘quota restrictions. In the “immediate relative” category are spouses and children of U.S citizens, and parents of adult U.S citizens. Since these persons are considered non-quota, they are not affected by any immigration quotas and are immediately eligible for U.S. permanent resident visas as soon as their applications are approved.

The article was written by Sacramento attorney John M. Bernier, an immigration specialist. Mr. Bernier can be contacted at 1121 L. Street, Suite #1000, Sacramento, CA 95814, Phone: (916) 446-3091 for any immigration problem. (Editor)

Article extracted from this publication >> April 25, 1986