Cutoff priority dates will be imposed in the China EB-1 and India EB-1 employer-based categories, according to the State Department’s August Visa Bulletin. Cutoff priority dates will also be imposed in all EB-2 categories. Other categories will advance modestly or remain the same.

Key movements:

  • A cutoff priority date of Jan. 1, 2010 will be imposed in China EB-1 and India EB-1 categories.
  • A cutoff priority date of Feb. 1, 2014 will be imposed in the EB-2 categories for El Salvador, Guatemala and Honduras, Mexico, the Philippines and All Other Countries, all of which were current in the past Visa Bulletin.
  • India EB-2 will advance 14 days and India EB-3 will advance 17 days.
  • Philippines EB-3 will advance three months.
  • The EB-3 categories for El Salvador, Guatemala and Honduras, Mexico and All Other Countries will advance 14 days.

Other categories will not advance or retrogress. All EB-1 categories other than China and India will remain current.

Additional notes: The imposition of cutoff priority date in EB-1 and EB-2 categories that are typically current is being undertaken to control the number of visas issued between now and the end of the fiscal year on Sept. 30, as the number of available immigrant visas is dwindling. The number of immigrant visas will increase again under the fiscal year 2017 annual limits beginning Oct. 1. China EB-1, India EB-1, and EB-2 for all countries except India and China are expected to become current again at that time.

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, 2010  Current Jan. 1, 2010 Current Current Current
EB-2 Jan. 1, 2010 Feb. 1, 2014 Nov. 15, 2004 Feb. 1, 2014 Feb. 1, 2014 Feb. 1, 2014
EB-3 Jan. 1, 2010 March 15, 2016 Nov. 8, 2004 March 15, 2016 May 15, 2009 March 15, 2016

The State Department also released its Dates for Filing chart for August 2016. Applicants seeking to file for adjustment of status are reminded that the Dates for Filing chart does not take effect unless USCIS confirms it via a web posting in the coming week. To date, USCIS has not allowed applicants to use the Dates for Filing chart for filing adjustment of status applications.

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

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