July Visa Bulletin: Advancements in China EB-2, India EB-2, India EB-3; retrogression in China EB-3

Priority cutoff dates will advance in the China EB-2, India EB-2 and India EB-3 categories, but will retrogress significantly in the China EB-3 category, according to the State Department’s July Visa Bulletin. Priority cutoff dates in other key employment-based categories will neither advance nor retrogress.

Key points:

• China EB-2 will advance four months to Jan. 1, 2015, while China EB-3 will retrogress by two years and five months to Jan. 1, 2013.
• India EB-2 will advance almost three months to March 15, 2009, while India EB-3 will advance six months to Nov. 1, 2008.
• The priority cutoff date will remain at Jan. 1, 2012 in both China EB-1 and India EB-1.
• Philippines EB-3 will remain at Jan. 1, 2017.

Additional notes: All EB-1 and EB-2 categories other than those for China and India will remain current. The EB-3 categories for El Salvador, Guatemala and Honduras, Mexico and All Other Chargeability Areas will also remain current. The movement in the July Visa Bulletin comes after priority cutoff dates did not move in almost all categories in the June Visa Bulletin.

Application Final Action Dates for Employment-Based Preference Cases:

The State Department also released its Dates for Filing chart for July. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless U.S. Citizenship and Immigration Services confirms that it does via a web posting in the next week or so. USCIS has used the Final Action Dates chart in recent months, but could opt to use the Dates for Filing chart. BAL will update clients once the State Department confirms whether the chart can be used in July.

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

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