Immigration Practice - Retrogression of July 2007 Priority Dates
In mid-June 2007, the U.S. Department of State announced that the priority dates of almost all employment-based preference categories for the month of July 2007 would be current. This meant that people whose priority dates had not
been current for years would now be eligible to file their permanent residence applications, and individuals with pending permanent residence applications cases and consular processing cases or those with approved labor certification
applications would be eligible to apply for permanent residence while the priority dates remained current.
In a sudden and unprecedented move, the U.S. Department of State, on
July 2, 2007, revised its July Visa Bulletin to reflect that no employment-based immigrant visas would be available for the next three months. U.S. Citizenship and Immigration Services followed with a similar announcement indicating
that beginning July 2, 2007 U.S. Citizenship and Immigration Services would reject applications to adjust status (Form I-485) filed by foreign nationals whose priority dates were not current under the revised July Visa Bulletin.
According to the U.S. Department of State, employment-based preference numbers will once again be available beginning October 1, 2007, under the FY-2008 annual numerical limitation.