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August 2019 Visa Bulletin: Significant retrogression across EB1, EB2, EB3 Worldwide categories towards end of fiscal year
 
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By: Shaune D. Fraser, Esq.

According to the August 2019 Visa Bulletin, several employment-based (EB) categories will retrogress in the coming month. Retrogression occurs when the demand for EB, immigrant visas (green cards) exceeds the allotment supply managed by the U.S. Department of State (DOS).

Temporary retrogression will affect the EB1, EB2, and EB3 Worldwide categories (listed in each visa bulletin as “All Chargeability Areas Except Those Listed”) through the end of the 2019 fiscal year, ending September 30, 2019. These categories are now considered to be ‘oversubscribed’ and a visa availability, priority cut-off date has been established for the month of August.

The priority cut-off date is the date of the first documentarily qualified applicant who could not be accommodated for a visa number. Only those foreign nationals with a priority date earlier than the listed cut-off/final action date are entitled to allotment of a visa number.

August 2019 Visa Bulletin Summary | Final Action Date & Retrogression Analysis

Employment-Based, First Preference (EB1) Category

  • EB-1 Worldwide will retrogress by almost 2 years to July 1, 2016.

  • EB-1 India remains oversubscribed and will stay at January 1, 2015, after retrogressing by more than two years in recent months.

  • EB-1 China will retrogress by more than 10 months to July 1, 2016.   

Employment-Based, Second Preference (EB2) Category

  • EB-2 Worldwide will retrogress and have a priority cutoff date of Jan. 1, 2017. This category was previously current.   

  • EB-2 India will advance a few days to May 2, 2009.

  • EB-2 China moves forward two months to January 1, 2017.

Employment-Based, Third Preference (EB3) Category

  • EB-3 Worldwide will retrogress and have a priority cut-off date of July 1, 2016. This category was previously current.  

  • EB-3 India retrogresses to January 1, 2006

  • EB-3 China will advance to July 1, 2016.

Section D of the August 2019 Visa Bulletin provides the following on the Establishment and Retrogression of August Employment-Based Final Action Dates:

“There has been a steadily increasing level of Employment applicant demand since late May for adjustment of status cases filed with U.S. Citizenship and Immigration Services, and there is no indication that this increase will end.  Therefore, it has been necessary to establish or retrogress many of the August Final Action Dates in an effort to hold worldwide number use within the maximum allowed under the respective FY-2019 annual limits.

The implementation of the above-mentioned dates is expected to be only a temporary issue.  For October, the first month of fiscal year 2020, every effort will be made to return these final action dates to those which applied for July.”

Family-Based (F2A), Final Action Date Current

The F2A category, reserved for Spouses and Unmarried Children (under 21) of Permanent Residents, remains current for foreign nationals in the Worldwide category. 


For more information, please contact shaune@fraserpllc.com

 The information provided herein is for information purposes only. It is not intended as legal advice for any particular situation nor presumed as indefinitely up to date.

Copyright © 2019, FRASER IMMIGRATION LAW, PLLC. All Rights Reserved.

 
May Visa Bulletin: Incremental advancement for EB1 worldwide, EB2 forecasted to remain current throughout Fiscal Year 2019
 
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By: Shaune D. Fraser, Esq.

Priority-dates for most employment-based (EB) categories will advance incrementally next month, according to the Final Action Dates chart published in the May 2019 Visa Bulletin

May 2019 Visa Bulletin Summary: Key Movements

EB-1

  • EB-1 worldwide will advance 1 month to March 1, 2018.

  • The cutoff dates for India and China in the EB-1 category remain unaffected, having been held at February 22, 2017. 

The May 2019 Visa Bulletin also provided this prediction for EB-1 China and India:

“Despite the final action date for these two countries having been held in recent months, there continues to be an extremely high rate of demand for E1 numbers, primarily for USCIS adjustment of status applicants.  This situation may require the retrogression of this final action date in an effort to limit future number use.  

Such action would only be temporary, with the date for these two countries returning to the latest reached during fiscal year 2019 for October, the first month of fiscal year 2020.”

However, during the American Immigration Lawyers Association’s (AILA) monthly check-in with Mr. Charlie Oppenheim (Chief of Visa Control and Reporting Division for the U.S. Department of State), he reported that such action would only be temporary, with an expected full recovery of the Final Action Dates for India and China by October 2019, the first month of 2020.  

EB-2

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  • EB-2 worldwide remains current and is predicted by Mr. Oppenheim to remain current throughout the remainder of 2019.

  • EB-2 China will advance 6 weeks to May 15, 2016, and India will advance 4 days to April 16, 2019.  

USCIS has also confirmed that it will only accept employment-based, adjustment-of-status applications based on the Final Action Dates chart in May. The Dates for Filing chart will not apply to employment-based cases; however, family-sponsored filings are permitted to use this chart for adjustment-of-status applications.


For more information, please contact me at shaune@fraserpllc.com 

The information provided herein is for information purposes only. It is not intended as legal advice for any particular situation nor presumed as indefinitely up to date.

Copyright © 2019, FRASER IMMIGRATION LAW, PLLC. All Rights Reserved.

 
April Visa Bulletin: Final Action Date Movement Expected Across Employment-Based Categories
 
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By: Shaune D. Fraser, Esq.

In the April 2019 Visa Bulletin, published by the U.S. Department of State (DOS), Final Action dates will advance slightly in the month of April for most employment-based categories. 

Final Action Date Movements: April Visa Bulletin

Employment-Based, First Preference (EB1) Category

  • EB-1 Worldwide will advance one month to Feb. 1, 2018.

  • EB-1 China and EB-1 India will experience no movement, final action dates for both categories remain at Feb. 22, 2017

Employment-Based, Second Preference (EB2) Category

  • EB-2 Worldwide will remain current.

  • EB-2 China will advance three months to a cutoff date set at Apr. 1, 2016.

  • EB-2 India moves forward a few days to Apr. 12, 2009.

Employment-Based, Third Preference (EB3) Category 

  • EB-3 Worldwide will remain current.

  • EB-3 China moves forward just over three weeks to Aug. 1, 2015.

  • EB-3 India will advance to Jun. 22, 2009.

 

April 2019 Final Action Dates for Employment-Based Preference Cases:  

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 Additional Notes: DOS Updated Prediction

The April 2019 Visa Bulletin also includes the following statement on Final Action Date Movement:

“Final Action Date movement in many Family-sponsored and Employment-based preference categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is a direct result of fewer applicants proceeding to final action on their cases at consular posts abroad and USCIS Offices. Once large numbers of applicants begin to have their cases brought to final action, final action date movements will necessarily slow or stop. Moreover, in some categories, final action date retrogression is a possibility if demand levels are excessive. Therefore, readers should be aware that the recent rates of final action date advances will not continue indefinitely, but it is not possible to say at present when they will end.”

  

Adjustment of Status Filing Charts from the April Visa Bulletin

The April Visa Bulletin also updated the Dates for Filing Chart for adjustment of status applications. Please be aware that the U.S. Citizenship and Immigration Services (USCIS) announced that all employment-based (EB), adjustment of status applicants must use the Final Action Dates chart in the April 2019 Visa Bulletin. Family-based adjustment of status filings, in the month of April, will be permitted to use the Dates for Filing chart applicable to the appropriate family-sponsored category.   


For more information on the April 2019 Visa Bulletin, please contact shaune@fraserpllc.com.

 The information provided herein is for information purposes only. It is not intended as legal advice for any particular situation nor presumed as indefinitely up to date.

Copyright © 2019, FRASER IMMIGRATION LAW, PLLC. All Rights Reserved.