October Visa Bulletin: Retrogression in India EB-2, Dates for Filing to control employment-based eligibility

The State Department released the October Visa Bulletin, showing significant retrogression in India EB-2 and modest advancement in other key employment-based categories. U.S. Citizenship and Immigration Services (USCIS) announced it would use the Dates for Filing chart for employment-based filings.

Key Movements in Dates for Filing:

EB-1

• All countries under EB-1 will remain current.

EB-2

• China EB-2 will advance more than two months to July 8, 2019.
• India EB-2 will retrogress by more than 2½ years to May 1, 2012.
• All other countries under EB-2 will remain current.

EB-3

• China EB-3 will advance almost two months to July 15, 2018.
• India EB-3 will advance more than four months to July 1, 2012.
• All other countries under EB-3 will remain current.

Dates for Filing for Employment-Based Preference Cases:

Additional Information: USCIS announced it would use the Dates for Filing chart for employment-based filings in October, the first month of the new fiscal year. While Dates for Filing are generally more progressive than Final Action Dates, the movement in India EB-2 is so dramatic that the priority-date cutoff in this category will retrogress beyond September’s Final Action Date of Dec. 1, 2014. BAL will continue following the Visa Bulletin and will provide updates as information becomes available.

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