Priority-date cutoff dates will advance in most employment-based categories next month, but will retrogress by more than two years in India EB-1, according to the Final Action Dates chart published in the June 2019 Visa Bulletin.

Key movements:

EB-1

  • China EB-1 will remain at Feb. 22, 2017.
  • India EB-1 will retrogress by more than two years to Jan. 1, 2015.
  • All other EB-1 categories will advance 7 ½ weeks to April 22, 2018

EB-2

  • China EB-2 will advance by 2 ½ months to Aug. 1, 2016.
  • India EB-2 will advance three days to April 19, 2009.
  • All other EB-2 countries will remain current.

EB-3

  • China EB-3 will advance three weeks to Sept. 15, 2015.
  • India EB-3 will remain at July 1, 2009.
  • Philippines EB-3 will advance four-five months to Nov. 1, 2018.
  • All other EB-3 countries will remain current.

Additional notes: The EB-4 category for religious workers (other than ministers) and the EB-5 Regional Center (I5 and R5) Immigrant Investor Program will be funded through the remainder of the fiscal year under the budget bill President Donald Trump signed in February. The EB-4 category will remain current for June for all countries except El Salvador, Guatemala and Honduras, which will be subject to a March 22, 2016 final action date, and Mexico, which will be subject to an Oct. 1, 2018 final action date. In the EB-5 category, final action dates will remain current in June for all countries except China I5 and R5, which will be subject to an Oct. 1, 2014 final action date, and Vietnam I5 and R5, which will be subject to an Oct. 1, 2016 final action date.

Application Final Action Dates for Employment-Based Preference Cases:

Category China El Salvador Guatemala Honduras India Mexico Philippines Vietnam All Other Countries
EB-1 Feb. 22, 2017 April 22, 2018 Jan. 1, 2015 April 22, 2018 April 22, 2018 April 22, 2018 April 22, 2018
EB-2 Aug. 1, 2016 Current April 19, 2009 Current Current Current Current
EB-3 Sept. 15, 2015 Current July 1, 2009 Current Nov. 1, 2018 Current Current

The State Department also released its Dates for Filing chart for June. 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 June.

Analysis & Comments: Regarding the two-year retrogression for India EB-1, the State Department official who prepares the monthly bulletin predicted last month that there could be retrogression in the final action date due to high EB-1 number usage worldwide. He added that such action would be temporary, however, with a full recovery of the final action dates for India and China by October 2019, the first month of the next fiscal year.

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

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