Priority cutoff dates for China EB-2 and India EB-2 will advance modestly, according to the December Visa Bulletin. The cutoff date for China EB-3 will advance moderately faster than China EB-2.

Key movements in cutoff dates: 

  • China EB-2 will advance by two weeks to July 1, 2013, while China EB-3 will advance by five weeks to March 8, 2014.
  • India EB-2 will advance by three weeks to Nov. 1, 2008, while India EB-3 will remain at Oct. 15, 2006.

Additional notes: All EB-1 will remain current. All EB-2 categories other than 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. Two employment-based categories – EB-4 Special Religious Workers (SR) and EB-5 Investors (I5 and R5) – are scheduled for expiration Dec. 8 unless Congress provides for them to be extended in the federal budget.

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 July 1, 2013 Current Nov. 1, 2008 Current Current Current
EB-3 March 8, 2014 Current Oct. 15, 2006 Current Jan. 15, 2016 Current

The State Department also released its Dates for Filing chart for December 2017. Applicants seeking to file for adjustment of status are reminded that the Dates for Filing 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. BAL will update clients once the State Department confirms whether the Dates for Filing chart can be used in November.

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

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