Tag: May Visa Bulletin

Department of State Releases May 2017 Visa Bulletin

may visa bulletinExpect some retrogression in EB-1 and EB-2 cutoff dates in the coming months.

The US Department of State has released its May 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments and consular immigrant visa application filings and approvals.

What Does the May 2017 Visa Bulletin Say?

The May 2017 Visa Bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.

If US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications.

It is not yet clear which chart USCIS will select for May 2017 filings. To be eligible to file an employment-based (EB) adjustment application in May 2017, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country (changes from last month’s Visa Bulletin are shown in yellow).

Application Final Action Dates

EB All Charge-

ability 

Areas Except

Those Listed		 China

(mainland 

born)		 El Salvador,
Guatemala,
and Honduras		 India Mexico Philippines
1st C C C C C C
2nd C 08FEB13 (was 15JAN13) C 22JUN08 C C
3rd 15MAR17 (was 15FEB17) 01OCT14 (was 15AUG14) 15MAR17(was 15FEB17) 25MAR05 (was 24MAR05) 15MAR17(was 15FEB17) 01JAN13(was 15SEP12)
Other Workers 15MAR17 (was 15FEB17) 08MAR06 (was 01MAR06) 15MAR17 (was 15FEB17) 25MAR05 (was 24MAR05 ) 15MAR17 (was 15FEB17) 01JAN13 (was 15SEP12)

Dates for Filing Visa Applications

EB All Charge-

ability 

Areas Except

Those Listed		 China

(mainland 

born)		 India Mexico Philippines
1st C C C C C
2nd C 01OCT13 (was 01MAR13) 01FEB09 (was 22APR09) C C
3rd C 01SEP15 (was 01MAY14) 22APR06 (was 01JUL05) C 01JUL14 (was 01SEP13)
Other Workers C 01JUN08 (was 01AUG09) 22APR06 (was 01JUL05) C 001JUL14 (was 01SEP13)

On the Application Final Action Dates chart, the cutoff dates for EB-1 will remain “current” for all chargeable countries, including India and China.

The EB-2 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, Mexico, and the Philippines will also remain “current.” Cutoff dates will advance by one month for EB-2 India and by three weeks for EB-2 China.

The EB-3 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, and Mexico will advance by one month to March 15, 2017. The cutoff date for EB-3 China will advance by six weeks to October 1, 2014 and the cutoff date for EB-3 India will advance by one day to March 25, 2005. The cutoff date for EB-3 Philippines will advance by three and a half months to January 1, 2013.

The EB-5 China cutoff date will advance by ten days to June 1, 2014.

On the Dates for Filing chart, the cutoff dates for EB-1 will remain “current” for all chargeable countries, including India and China.

The EB-2 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, Mexico, and the Philippines will also remain “current.” Cutoff dates for EB-2 China will advance by seven months to October 1, 2013. Cutoff dates for EB-2 India will retrogress by three months and three weeks, to February 1, 2009.

Cutoff dates for EB-3 China will advance by 16 months to September 1, 2015, but for “other workers” the cutoff dates will retrogress by 14 months, to June 1, 2008. Cutoff dates for EB-3 India will advance by nine months and three weeks, to April 22, 2006. Finally, cutoff dates for EB-3 Philippines will advance by ten months, to July 1, 2014.

The State Department projected that a Final Action date will be established in the EB-1 category for China and India in the near future. Visa numbers would advance slowly for the remainder of this fiscal year. Additionally, the EB-2 category for the worldwide allotment, El Salvador, Guatemala, Honduras, Mexico, and the Philippines is expected to retrogress no later than July. It is anticipated that this category will also become current at the start of the FY 2018 in October.

Read the May 2017 Visa Bulletin.

ARTICLE BYA. James Vázquez-Azpiri of Morgan, Lewis & Bockius LLP
Copyright © 2017 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Releases May 2016 Visa Bulletin

The US Department of State (DOS) has released its May 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and approvals. A new geographic sector encompassing El Salvador, Guatemala, and Honduras has been added to the employment-based (EB) charts.  A new geographic sector that includes El Salvador, Guatemala, and Honduras has been added.

What Does the May 2016 Visa Bulletin Say?

The May 2016 Visa Bulletin includes both a Dates for Filing Visa Applications and Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustment of status or immigrant visa, and the latter indicates when an adjustment of status application or immigrant visa application may be approved and permanent residence granted.

If the US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications. For May 2016, USCIS announced that EB applicants must use the Application Final Action Dates chart.

Application Final Action Dates

To be eligible to file an EB adjustment application in May 2016, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country (changes from last month’s Visa Bulletin dates are shown in yellow):

EB

All Charge-
ability
Areas Except
Those Listed

China
(mainland
born)

El Salvador,
Guatemala,
and Honduras

India

Mexico

Philippines

1st

C

C

C

C

C

C

2nd

C

01SEP12

C

22NOV08
(was 08NOV08)

C

C

3rd

15FEB16

15AUG13

15FEB16

01SEP04
(was 08AUG04)

15FEB16

08AUG08
(was 01May08)

Other Workers

15FEB16

22APR07
(was 01MAR07)

15FEB16

01SEP04
(was 08AUG04)

15FEB16

08AUG08
(was 01May08)

4th

C

C

01JAN10

C

C

C

Certain Religious Workers

C

C

01JAN10

C

C

C

5th
Nonregional
Center
(C5 and T5)

C

08FEB14
(was 01FEB14)

C

C

C

C

5th
Regional
Center
(I5 and R5)

C

08FEB14
(was 01FEB14)

C

C

C

C

How This Affects You

Most countries saw a relatively minor advancement in priority cutoff dates, generally three weeks at most. The largest changes in the Application Final Action Dates chart are in the EB-3 and Other Workers Philippines category, which advanced by three and a half months to August 8, 2008.

The Third Preference final action date for EB-3 China has been “held” for the month of May, with no change in priority date cutoff. The DOS indicated that continued heavy demand for numbers will require a retrogression of this date for June to hold number use within the FY2016 annual limit. It is extremely likely that the India and Mexico Employment Fourth Preference categories will also become oversubscribed at some point during the summer months.

The addition of the El Salvador, Guatemala, and Honduras category is a result of extremely high demand in the E4 and SR categories for applicants from these areas. A determination about whether these countries will remain subject to E4 and SR final application dates under the FY2017 annual numerical limitation will be made in early September. Read the entire May 2016 Visa Bulletin.

Article By Eleanor Pelta & Eric S. Bord

Copyright © 2016 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Issues May 2016 Visa Bulletin

The Department of State (DOS) has released the May 2016 Visa Bulletin with the Application Final Action Date chart for employment-based applications which reflects some modest movement for some applicants.

The second and third preference categories for China-mainland born applicants had no movement. The second and third preference categories for India move ahead a few weeks to Nov. 22, 2008, and Sept. 1, 2004.  There was no movement in the third preference for all chargeability areas except those listed, and no movement for Mexico. The third preference and other workers categories for the Philippines move ahead a few months to Aug. 8, 2008.

There was no movement in the Dates for Filing chart for employment-based categories with the exception of the other workers category for China-mainland born applicants, which moved up several months to April 1, 2008.

The May 2016 Visa Bulletin states that “during the past month, there have been extremely high levels of Employment-based demand in most categories for cases filed with U.S. Citizenship and Immigration Services for adjustment of status. If this sudden and unanticipated change in the demand pattern continues, it could impact final action dates in the coming months and possibly require corrective action in some.” The DOS also notes an oversubscription of applicants from El Salvador, Guatemala, and Honduras.

As previously reported, last month prospective adjustment of status applicants have been advised to use the Application Final Action Date chart to determine their eligibility to file applications, despite previous guidance that the Dates for Filing chart could be used. Greenberg Traurig will continue to monitor the movement of Visa Bulletins and consequences on eligibility for filing.

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

IBI May 2015 1

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

IBI May 2015 2

Article By Kristen T. Burke of Greenberg Traurig, LLP
©2016 Greenberg Traurig, LLP. All rights reserved.

Department of State Releases May 2015 Visa Bulletin

Morgan, Lewis & Bockius LLP.

Cutoff dates for EB-3 Philippines retrogress by six years and nine months, cutoff dates for EB-5 China retrogress by two years, cutoff dates in the EB-2 India category advance by seven and a half months, cutoff dates in the EB-2 China advance by 14 months, cutoff dates for EB-3 China advance by four months, and cutoff dates for EB-3 for the Rest of the World advance by three months.

The US Department of State (DOS) has released its May 2015 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a US embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the May 2015 Visa Bulletin Say?

The May 2015 Visa Bulletin shows an advancement of seven and a half months for the EB-2 India category. EB-3 cutoff dates for the worldwide category will advance by three months, the EB-2 cutoff dates for China will advance by 14 months, the EB-3 cutoff dates for China will advance by four months, and the EB-3 cutoff dates for the Philippines will retrogress by six years and nine months. In addition, the EB-5 cutoff dates for China retrogress by two years.

The cutoff date for F2A applicants in all categories will advance by one month in May.

EB-1: All EB-1 categories will remain current.

EB-2: The cutoff date for applicants in the EB-2 category chargeable to India will advance to April 15, 2008. The cutoff date for applicants in the EB-2 category chargeable to China will advance to June 1, 2012. The EB-2 category for all other countries will remain current.

EB-3: The cutoff date for applicants in the EB-3 category chargeable to India will advance by one week to January 15, 2004. The cutoff date for applicants in the EB-3 category chargeable to China will advance by four months to May 1, 2011. The cutoff date for applicants in the EB-3 category chargeable to Mexico and the worldwide category will advance by three months to January 1, 2015. The cutoff date for applicants in the EB-3 category chargeable to the Philippines will retrogress by six years and nine months to July 1, 2007.

EB-5: The cutoff date for applicants in the EB-5 category chargeable to China will retrogress by two years. The cutoff dates for applicants in the EB-5 category chargeable to the worldwide category remain current.

The relevant priority date cutoffs for foreign nationals in the EB-2 category are as follows:

China: June 1, 2012 (forward movement of 427 days)
India: April 15, 2008 (forward movement of 227 days)
Mexico: Current
Philippines: Current
Rest of the World: Current

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: May 1, 2011 (forward movement of 120 days)
India: January 15, 2004 (forward movement of 7 days)
Mexico: January 1, 2015 (forward movement of 92 days)
Philippines: July 1, 2007 (retrogression of 2,649 days)
Rest of the World: January 1, 2015 (forward movement of 92 days)

The relevant priority date cutoffs for foreign nationals in the EB-5 category are as follows:

China: May 1, 2013 (retrogression of 730 days)
Rest of the World: Current

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World 
The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The May Visa Bulletin indicates no change to this trend. This means that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through May 2015.

China 
The April Visa Bulletin indicated a cutoff date of April 1, 2011 for EB-2 applicants chargeable to China. The May Visa Bulletin indicates a cutoff date of June 1, 2012, reflecting forward movement of 14 months. This means that applicants in the EB-2 category chargeable to China with a priority date prior to June 1, 2012 may file AOS applications or have applications approved in May 2015.

India 
The April Visa Bulletin indicated a cutoff date of September 1, 2007 for EB-2 applicants chargeable to India. In May, the cutoff date for EB-2 applicants chargeable to India advances by seven and a half months to April 15, 2008. This means that applicants in the EB-2 category chargeable to India with a priority date prior to April 15, 2008 may file AOS applications or have applications approved in May 2015.

Developments Affecting the EB-3 Employment-Based Category

China 
The April Visa Bulletin indicated a cutoff date of January 1, 2011 for EB-3 applicants chargeable to China. In May, the cutoff date for EB-3 applicants chargeable to China advances by four months to May 1, 2011. This means that applicants in the EB-3 category chargeable to China with a priority date prior to May 1, 2011 may file AOS applications or have applications approved in May 2015.

India 
The April Visa Bulletin indicated a cutoff date of January 8, 2004. The May Visa Bulletin will advance slightly, with a cutoff date of January 15, 2004, an advancement of one week. This means that EB-3 applicants chargeable to India with a priority date prior to January 15, 2004 may file AOS applications or have applications approved in May 2015.

The Philippines 
The April Visa Bulletin indicated a cutoff date of October 1, 2014. The May Visa Bulletin will retrogress by six years and nine months, with a cutoff date of July 1, 2007. This means that only EB-3 applicants chargeable to the Philippines with a priority date prior to July 1, 2007 may file AOS applications or have applications approved in May 2015.

Rest of the World 
The April Visa Bulletin indicated a cutoff date of October 1, 2014 for EB-3 applicants chargeable to the worldwide category. The May Visa Bulletin indicates a cutoff date of January 1, 2015, reflecting forward movement of three months. This means that applicants in the EB-3 category chargeable to the worldwide category with a priority date prior to January 1, 2015 may file AOS applications or have applications approved in May 2015.

Developments Affecting the F2A Family-Sponsored Category

The April Visa Bulletin indicated a cutoff date of July 8, 2013 for F2A applicants from Mexico. The May Visa Bulletin indicates a cutoff date of August 8, 2013, reflecting forward movement of one month. This means that applicants from Mexico with a priority date prior to August 8, 2013 will be able to file AOS applications or have applications approved in May 2015.

The April Visa Bulletin indicated a cutoff date of August 1, 2013 for F2A applicants from all other countries. The May Visa Bulletin indicates a cutoff date of September 1, 2013, reflecting forward movement of one month. This means that F2A applicants from all other countries with a priority date prior to September 1, 2013 will be able to file AOS applications or have applications approved in May 2015.

Developments in the Coming Months

Regarding the retrogression of visa numbers for EB-5 China, the DOS notes that “It is extremely likely that this category will remain subject to a cut-off date indefinitely.”

Regarding the retrogression of visa numbers for EB-3 Philippines, the DOS notes that “This cut-off date had also been advanced very rapidly in an effort to generate sufficient demand to fully utilize all available numbers. The current rate of increase in demand has required the retrogression of this cut-off date for the month of May, in an attempt to hold number use within the annual limit for this preference category.”

F2A Family-Sponsored Category

  • The cutoff date in the F2A category will likely advance by three to four weeks per month.

Employment-Based Second Preference Category

  • The worldwide category will likely remain current.

  • The cutoff date in the EB-2 China category will likely advance by three to six weeks per month.

  • The cutoff date in the EB-2 India category will likely advance by four to six months.

Employment-Based Third Preference Category

  • The cutoff date in the EB-3 worldwide category will most likely be adjusted in the coming months as demand increases.

  • The cutoff date in the EB-3 China category is expected to advance by three to six weeks per month.

  • The cutoff date in the EB-3 India category will advance up to two weeks.

  • The cutoff date in the EB-3 Mexico category will remain at the worldwide date.

  • The cutoff date in the EB-3 Philippines category will advance slightly. Increased demand in this category may result in adjustments to the cutoff date later in the fiscal year.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the May 2015 Visa Bulletin in its entirety, please visit the DOS website.

ARTICLE BY

Eric S. Bord
Lisa Stephanian Burton
Tracy Evlogidis
Eleanor Pelta
A. James Vázquez-Azpiri
Roland C. Lechner
Morgan, Lewis & Bockius LLP