Cutoff priority dates will be imposed in the EB-1 categories for El Salvador, Guatemala and Honduras, Mexico, the Philippines and All Other Chargeability Areas, according to the State Department’s August Visa Bulletin. China EB-3 will advance significantly, while China EB-2, India EB-3 and Philippines EB-3 will advance more modestly.

Key movements:

  • A cutoff priority date of May 1, 2016 will be imposed in the EB-1 categories for El Salvador, Guatemala and Honduras, Mexico, the Philippines and All Other Chargeability Areas.
  • The priority cutoff date first imposed in the April Visa Bulletin will remain at Jan. 1, 2012 for both China EB-1 and India EB-1.
  • China EB-2 will advance 1½ years to March 1, 2015, after significant retrogression in the July Visa Bulletin.
  • China EB-2 will advance two months to March 1, 2015.
  • India EB-2 will remain at March 15, 2009, while India EB-3 will advance two months to Jan. 1, 2009.
  • Philippines EB-3 will advance five months to June 1, 2017.

Additional notes: All 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 imposition of cutoff priority dates in the EB-1 categories listed above, all of which have been current until now, is likely being undertaken to control the number of visas issued between now and the end of the fiscal year Sept. 30. The number of immigrant visas will probably increase again under the 2019 fiscal year’s annual limits.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Jan. 1, 2012 May 1, 2016 Jan. 1, 2012 May 1, 2016 May 1, 2016 May 1, 2016
EB-2 March 1, 2015 Current March 15, 2009 Current Current Current
EB-3 July 1, 2014 Current Jan. 1, 2009 Current June 1, 2017 Current

The State Department also released its Dates for Filing chart for August. 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. BAL will update clients once the State Department confirms whether the chart can be used in August.

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