October Visa Bulletin: USCIS to use Dates for Filing

13 Sep 21

UNITED STATES

The State Department released the October Visa Bulletin Monday, and U.S. Citizenship and Immigration Services (USCIS) announced it would use the Dates for Filing chart for most employment-based filings. The switch from Final Action Dates to Dates for Filing means that priority-date cutoffs will advance in key employment-based categories for filing in October.

Key movements in October: 

EB-1

  • All countries under EB-1 will remain current.

EB-2

  • China EB-2 will advance to Sept. 1, 2018, for filing.
  • India EB-2 will advance to July 8, 2012, for filing.
  • All other countries under EB-2 will remain current.

EB-3

  • China EB-3 will advance to Jan. 15, 2019, for filing.
  • India EB-3 will advance to Jan. 8, 2014, for filing.
  • All other countries under EB-3 will remain current.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines Vietnam
EB-1 Current Current Current Current Current Current Current
EB-2 Current Sept. 1, 2018 Current July 8, 2012 Current Current Current
EB-3 Current Jan. 15, 2019 Current Jan. 8, 2014 Current Current Current

Additional Information: The Visa Bulletin stated that in the coming months all countries under EB-1 are expected to remain current. China EB-2 and India EB-2 could see movement of “up to several months,” while EB-2 worldwide is expected to remain current. The Visa Bulletin also said that China EB-3 and India EB-3 could see retrogression as soon as November and that final action dates could be imposed as soon as November for countries under EB-3 that are now current.

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

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