March Visa Bulletin: USCIS to use Final Action Dates chart; moderate advancement in EB-1 categories, EB-2 China

15 Feb 19

UNITED STATES

U.S. Citizenship and Immigration Services has announced it will use the Final Action Dates chart for employment-based adjustment of status applicants in March. Final Action priority-date cutoffs for all EB-1 categories will advance moderately in March, according to the State Department’s March Visa Bulletin. EB-2 China will advance by three months, while EB-3 China will advance by only one week. For Indian nationals, the EB-2 category will advance only three days, while EB-3 will advance by one month.

Key movements based on Final Action Dates:

EB-1

  • China EB-1 will advance by two weeks to Feb. 22, 2017. India EB-1 will advance three weeks to Feb. 22, 2017.
  • All other EB-1 countries will advance one month to Jan. 1, 2018.

EB-2

  • China EB-2 will advance three months to Jan. 1, 2016.
  • India EB-2 will advance three days to April 9, 2009.
  • All other EB-2 countries will remain current.

EB-3

  • China EB-3 will advance one week to July 8, 2015.
  • India EB-3 will advance one month to May 22, 2009.
  • The Philippines EB-3 will advance four months to Dec. 1, 2017.
  • All other EB-3 countries will remain current.

Additional notes: The EB-4 category for religious workers (other than ministers) and the EB-5 Regional Center (I5 and R5) Immigrant Investor program will be funded through the remainder of the fiscal year under the budget bill Congress passed late Thursday and the president signed Friday. The EB-4 category will become current for March for all countries except El Salvador, Guatemala, and Honduras which will be subject to a March 1, 2016 final action date, and for Mexico will be subject to a January 1, 2018 date. In the EB-5 category, final action dates will become current for March for all countries except China I5 and R5 which will be subject to a September 8, 2014 final action date, and Vietnam, which will be subject to a July 15, 2016 final action date.

Application Final Action Dates for Employment-Based Preference Cases:

Category China El Salvador Guatemala Honduras India Mexico Philippines Vietnam All Other Countries
EB-1 Feb. 22, 2017 Jan. 1, 2018 Feb. 22, 2017 Jan. 1, 2018 Jan. 1, 2018 Jan. 1, 2018 Jan. 1, 2018
EB-2 Jan. 1, 2016 Current April 9, 2009 Current Current Current Current
EB-3 July 8, 2015 Current May 22, 2009 Current Dec. 1, 2017 Current Current

 

USCIS has confirmed it will use the State Department’s Final Action Dates chart for March in determining filing eligibility for adjustment of status applicants. Applicants whose priority date is earlier than the applicable cutoff date in the above chart will be eligible to apply for adjustment of status in March.

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

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