February Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month
January 18, 2018
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At a glance
In February, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's February Visa Bulletin.
The situation
USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action under the State Department’s February Visa Bulletin.
As a reminder, the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are set to expire this week under a temporary federal spending measure signed into law on December 22, 2017. Unless Congress reauthorizes these programs or passes another temporary spending measure, applications in these subcategories will no longer be accepted. The EB-5 non-Regional Center program will not be affected.
Employment-Based Priority Date Cut-offs for February 2018
To be eligible to file an employment-based adjustment application in February, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
FINAL ACTION CUT-OFF DATES FOR FEBRUARY 2018
EB-1
Current for all countries
EB-2
China: October 1, 2013
India: December 8, 2008
All other countries: Current
EB-3 Professionals and Skilled Workers
China: September 15, 2014
India: December 1, 2006
Philippines: March 1, 2016
All other countries: Current
EB-3 Other Workers
China: February 1, 2007
India: December 1, 2006
Philippines: March 1, 2016
All other countries: Current
EB-4*
El Salvador, Guatemala, Honduras: December 1, 2015
Mexico: June 22, 2016
All other countries: Current
* The EB-4 Non-Religious Worker program may become unavailable for all countries after midnight on January 18 unless Congress reauthorizes it.
EB-5*
China: July 22, 2014
Current for all other countries and subcategories
* The Regional Center program may become unavailable for all countries after January 19 unless Congress reauthorizes it.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
