The State Department released the October Visa Bulletin Monday, and U.S. Citizenship and Immigration Services (USCIS) announced it would use the Dates for Filing chart for most employment-based filings. The switch from Final Action Dates to Dates for Filing means that priority-date cutoffs will advance in key employment-based categories for filing in October.

Key movements in October: 

EB-1

  • All countries under EB-1 will remain current.

EB-2

  • China EB-2 will advance to Sept. 1, 2018, for filing.
  • India EB-2 will advance to July 8, 2012, for filing.
  • All other countries under EB-2 will remain current.

EB-3

  • China EB-3 will advance to Jan. 15, 2019, for filing.
  • India EB-3 will advance to Jan. 8, 2014, for filing.
  • All other countries under EB-3 will remain current.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines Vietnam
EB-1 Current Current Current Current Current Current Current
EB-2 Current Sept. 1, 2018 Current July 8, 2012 Current Current Current
EB-3 Current Jan. 15, 2019 Current Jan. 8, 2014 Current Current Current

Additional Information: The Visa Bulletin stated that in the coming months all countries under EB-1 are expected to remain current. China EB-2 and India EB-2 could see movement of “up to several months,” while EB-2 worldwide is expected to remain current. The Visa Bulletin also said that China EB-3 and India EB-3 could see retrogression as soon as November and that final action dates could be imposed as soon as November for countries under EB-3 that are now 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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