December 10, 2004

EB3 Category to Retrogress to January 1, 2002

The Department of State (DOS) has announced that on January 1, 2005, the Employment-Based, 3rd Preference (EB3) category visa for foreign nationals from India, mainland China, and the Philippines will retrogress to January 1, 2002. The third preference category is set aside for skilled workers and professionals. Further retrogression may be possible in future months. Accordingly, any foreign nationals from the listed countries who have filed a labor certification application or I-140 immigrant petition in the EB3 category after January 1, 2002 will not be able to file the final clearance for permanent residence (either the Adjustment of Status or Consular Processing) until their priority date becomes available. Greenberg Traurig is identifying clients in the EB3 category who are eligible to file the Adjustment of Status application now to ensure that applications are filed prior to the anticipated backlog commencing on January 1, 2005.