May Visa Bulletin: Slight advancements in China EB-2, India EB-3

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

Key points:

• China EB-2 will advance one month to Sept. 1, 2014, while China EB-3 will remain at June 1, 2015.
• India EB-2 will remain at Dec. 22, 2008, while India EB-3 will advance three months to May 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 minimal movement in the May Visa Bulletin follows much more significant movement in the April Visa Bulletin.

Application Final Action Dates for Employment-Based Preference Cases:

The State Department also released its Dates for Filing chart for May. 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 coming days. USCIS has been using the Final Action Dates chart in recent months, but could opt use the Dates for Filing chart. BAL will update clients once the State Department confirms whether the chart can be used in May.

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

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