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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.

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