January Visa Bulletin: Advancement in EB-1 categories; USCIS to use Dates for Filing chart

13 Dec 18

UNITED STATES

U.S. Citizenship and Immigration Services (USCIS) has announced that for adjustment of status applications they will use the Dates for Filing Chart, which is below, rather than the Final Action Dates, for January. Priority-date cutoffs for all EB-1 categories will advance based on Final Action Dates in January, according to the State Department’s January Visa Bulletin. Except for a one-week advancement in the Philippines EB-3 category, all other priority-date cutoffs will remain the same as in December.

Key movements based on Final Action Dates:

EB-1

  • EB-1 China and India priority-date cutoffs will both advance by three and a half months to Dec. 15, 2016.
  • All other EB-1 countries will advance three months to Oct. 1, 2017. This includes EB-1 El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam and All Other Countries.

Additional notes: The EB-4 category for religious workers (other than ministers) and the EB-5 Regional Center (I5 and R5) Immigrant Investor program were renewed on Dec. 7 by Congress under a temporary spending measure that funds Department of Homeland Security operations until Dec. 21, 2018.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines Vietnam All Other Countries
EB-1 Dec. 15, 2016 Oct. 1, 2017 Dec. 15, 2016 Oct. 1, 2017 Oct. 1, 2017 Oct. 1, 2017 Oct. 1, 2017
EB-2 July 1, 2015 Current April 1, 2009 Current Current Current Current
EB-3 June 8, 2015 Current March 1, 2009 Current June 22, 2017 Current Current

Dates for Filing

The State Department also released its Dates for Filing chart for January and USCIS has confirmed via a web posting that it will follow the Dates for Filling chart in determining filing eligibility for adjustment of status applicants. Employment-based applicants whose priority date is before the date in the chart below are eligible to file for adjustment of status in January.

Key movements:

  • EB-3 China Date for Filing will advance one month to January 1, 2016. EB-3 India will advance three months to April 1, 2010.

Application Dates for Filing for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Oct. 1, 2017 June 1, 2018 Oct. 1, 2017 June 1, 2018 June 1, 2018 June 1, 2018
EB-2 Sept. 8, 2015 Current May 22, 2009 Current Current Current
EB-3 Jan. 1, 2016 Current Apr. 1, 2010 Current Aug. 1, 2017 Current

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com