Priority-date cutoffs for most employment-based categories based on Final Action Dates will advance modestly next month, according to the State Department’s December 2018 Visa Bulletin.

Key movements:

EB-1

  • The priority-date cutoff date will advance by three months to Sept. 1, 2016 for both EB-1 China and EB-1 India.
  • The priority-date cutoff date will advance by three months to July, 1, 2017 in the EB-1 categories for El Salvador, Guatemala and Honduras, Mexico, Philippines, Vietnam and All Other Countries.

EB-2

  • EB-2 China will advance six weeks to July 1, 2015.
  • EB-2 India will advance six days to April 1, 2009.
  • Priority-date cutoff dates for all other EB-2 categories will remain current.

EB-3

  • EB-3 China will advance one week to June 8, 2015.
  • EB-3 India will advance two months to March 1, 2009
  • EB-3 Philippines will advance one week to June 15, 2017.
  • Priority-date cutoff dates for all other EB-3 categories 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 were renewed last month by Congress under a temporary spending measure that funds Department of Homeland Security operations until Dec. 7, 2018.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines Vietnam All Other Countries
EB-1 Sept. 1, 2016 July 1, 2017 Sept. 1, 2016 July 1, 2017 July 1, 2017 July 1, 2017 July 1, 2017
EB-2 July 1, 2015 Current April 1, 2009 Current Current Current Current
EB-3 June 8, 2015 Current March 1, 2009 Current June 15, 2017 Current Current

The State Department also released its Dates for Filing chart for December. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless U.S. Citizenship and Immigration Services (USCIS) confirms that it does via a web posting in the coming days. USCIS used the Final Action Dates chart for most of the last fiscal year, but used the Dates for Filing chart in October and November. This may reflect a new trend toward the earlier dates. BAL will update clients once the State Department confirms whether the Dates for Filing chart can be used in December.

Application Dates for Filing for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Oct. 1, 2017 June 1, 2018 Oct. 1, 2017 June 1, 2018 June 1, 2018 June 1, 2018
EB-2 Sept. 8, 2015 Current May 22, 2009 Current Current Current
EB-3 Dec. 1, 2015 Current Jan. 1, 2010 Current Aug. 1, 2017 Current

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

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