October Visa Bulletin: Significant advancements across categories as new fiscal year approaches

8 Sep 16

UNITED STATES

Priority cutoff dates will advance significantly as new immigrant visas become available at the beginning of the new fiscal year, according to the State Department’s October Visa Bulletin.

  • The China EB-1 and India EB-1 categories will become current again after a cutoff date of Jan. 1, 2010 was imposed in both categories in the August and September Visa Bulletins. All other EB-1 categories will remain current.
  • The EB-2 categories for El Salvador, Guatemala and Honduras, Mexico, the Philippines and All Other Countries will become current again after a cutoff date of Feb. 1, 2014 was imposed in the August and September Visa Bulletins.
  • India EB-2 will advance approximately two years to Jan. 15, 2007 after significant retrogression in the June Visa Bulletin.
  • China EB-2, which also saw significant retrogression in the June Visa Bulletin, will advance a little over two years to Feb. 15, 2012.
  • China EB-3 will advance more than three years to Jan. 22, 2013. All other EB-3 categories will advance more modestly.

Additional notes: A number of categories saw significant retrogression in recent months as visa numbers began to run low toward the end of the fiscal year. New visa quotas will be available beginning Oct. 1 and the advancements detailed above were anticipated for the October visa bulletin.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador
Guatemala
Honduras
India Mexico Philippines All Other Countries
EB-1 Current Current Current Current Current Current
EB-2 Feb. 15, 2012 Current Jan. 15, 2007 Current Current Current
EB-3 Jan. 22, 2013 June 1, 2016 March 1, 2005 June 1, 2016 Dec.1, 2010 June 1, 2016

The State Department also released its Dates for Filing chart for October 2016. Applicants seeking to file for adjustment of status are reminded that the Dates for Filing chart does not take effect unless USCIS confirms it via a web posting in the next week or so. To date, USCIS has not allowed applicants to use the Dates for Filing chart for filing adjustment of status applications.

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

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Source: Berry Appleman & Leiden LLP