U.S. Alert – January Visa Bulletin Shows Significant Progress In EB-1, EB-3, And Other Workers India
The Department of State’s Visa Bulletin for January 2019
shows significant progress in the EB-1 category for all
chargeability areas, as well as in the EB-3 and Other Workers India
categories. Other priority dates remain Current or backlogged with
little to no movement.
Continuing its policy since the September 2018 Visa Bulletin,
U.S. Citizenship and Immigration Services (USCIS) confirmed that
adjustment-of-status applications may be filed based on the filing
cut-off dates rather than the final action cut-off dates.
Many applicants and their dependent family members physically
residing in the United States whose priority dates are
significantly backlogged continue to benefit from this policy to be
able to receive employment authorization documents and advance
parole documents, and to potentially become eligible sooner for
immigrant visa portability to change jobs while their
employment-based adjustment of status is pending.
Although USCIS will continue to accept adjustment of status
applications under the typically earlier filing cut-off dates, the
applicant’s priority date must be current under the “final
action cut-off date” before USCIS can finally approve the
application.
The changes in the Final Action Cut-Off Dates from the December
2018 to the January 2019 Visa Bulletin include:
- EB-1: All Chargeability Areas (except China andIndia)—Forward progress of three months to October 1,
2017
- EB-1: China and India—Forward progress of three monthsand two weeks, to December 15, 2016
- EB-2: China—Forward progress of two weeks to August 1,2015
- EB-3: Philippines—Forward progress of one week to June22, 2017
- Other Workers: China—Forward progress of one month toJuly 1, 2007
- Other Workers: Philippines—Forward progress of one weekto June 22, 2017
- EB-5: China—Forward progress of one week to September 1,2014
- EB-5: Vietnam—Forward progress of one month to June 1,2016
In both the EB-5 Regional Center and the EB-5 Non-Regional
Center categories, the “Filing Cut-Off Dates” are Current
for applicants born in all countries except for mainland China,
which is backlogged to October 1, 2014, allowing for filing of
adjustment-of-status applications for those with approved I-526
petitions who are residing in the United States.
In the EB-5 Non-Regional Center category, the “Final Action
Dates” are current for all countries except China and Vietnam,
which continue to be backlogged but with slight forward movement:
currently backlogged at September 1, 2014, for China, and June 1,
2016, for Vietnam. However, the “Final Action Dates” for
the EB-5 Regional Center category for all countries are
“Unavailable” and immigrant visas cannot be issued right
now because of the partial government shutdown discussed in the
next article.
Applicants whose priority dates are backlogged should review the
filing cut-off dates in the bulletin to determine if they may be
eligible to file during the month of January. Applicants who will
become eligible to file immigrant visa applications in January
should initiate applications now with their Alliance of Business
Immigration Lawyers attorney to plan for the earliest possible
filing date.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.