June 2019 Visa Bulletin: EB-1 India Retrogression Steep, But Temporary; Modest Advancement in Other Categories

At a glance

• EB-1 India will retrogress by more than two years, to January 1, 2015, but is expected to return to at least February 22, 2017 on October 1, 2019, the start of FY 2020.
• EB-1 China will remain at February 22, 2017. All other EB-1 countries will advance by more than six weeks to April 22, 2018.
• EB-2 will advance by ten weeks for China, to August 1, 2016, and by only three days for India, to April 19, 2009. All other countries will remain current.
• The EB-3 subcategory for Professionals and Skilled Workers will remain current for most countries. China will advance by three weeks to September 15, 2015, and India will remain at July 1, 2009.

A closer look

According to the State Department’s June Visa Bulletin, cutoff dates for issuance of an immigrant visa will be as follows:

• EB-1: India will retrogress by more than two years, to January 1, 2015. China will remain the same at February 22, 2017. All countries except China and India will advance by six weeks, to April 22, 2018.
• EB-2: All countries except for China and India will remain current. China will advance by ten weeks, to August 1, 2016, while India will advance by only three days, to April 19, 2009. 
• EB-3 (Professional and Skilled Workers): Most countries will remain current, while China will advance by three weeks, to September 15, 2015, and India will remain at July 1, 2009. The Philippines will advance by five months, to November 1, 2018.
• EB-5: Both the Regional and Non-Regional Center categories will advance one week for China, to October 1, 2014. Vietnam will also advance one week, to October 1, 2016.

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month.

Looking ahead

Though India will retrogress significantly in June, as was noted as a possibility in the May Visa Bulletin, the State Department continues to state that cut-off dates for the category will return to at least February 22, 2017 when FY 2020 begins, on October 1, 2019. In last month’s Bulletin, the State Department also noted there could be a similar temporary retrogression for EB-1 China this fiscal year; the exact timing of any such change can not yet be known.

The State Department also provided EB-5 projections in the following countries:

EB-5 India

The EB-5 India per-country annual limit is likely to be reached in July, meaning there will likely be a Final Action date cut-off for visa availability in the July Visa Bulletin. The cut-off is expected to be a date in 2017.

In August, EB-5 India is expected to become subject to the same Final Action date as applies to EB-5 China for the rest of FY 2019. (For June, the Final Action date for EB-5 China will be October 1, 2014.)

EB-5 Vietnam

The EB-5 Vietnam per-country annual limit is likely to be reached in July, meaning there will likely be no movement or further retrogression in this category in the July Visa Bulletin. 

In August, EB-5 Vietnam is expected to become subject to the same Final Action date as applies to EB-5 China for the rest of FY 2019. (For June, the Final Action date for EB-5 China will be October 1, 2014.)

At the start of FY 2020 in October 2019, the State Department expects the EB-5 Vietnam Final Action date to advance to some time in fall or early winter 2016.

FINAL ACTION CUT-OFF DATES FOR JUNE 2019

EB-1

India: January 1, 2015

China: February 22, 2017

All other countries: April 22, 2018

EB-2

China: August 1, 2016

India: April 19, 2009

All other countries: Current

EB-3 Professionals and Skilled Workers

China: September 15, 2015

India: July 1, 2009

Philippines: November 1, 2018

All other countries: Current

EB-3 Other Workers

China: September 1, 2007

India: July 1, 2009

Philippines: November 1, 2018

All other countries: Current

EB-4

El Salvador, Guatemala, Honduras: March 22, 2016

Mexico: October 1, 2018

All other countries: Current                                                       

EB-5

China: October 1, 2014

Vietnam: October 1, 2016

All other countries: Current

FILING ELIGIBILITY CUT-OFF DATES FOR JUNE 2019

EB-1

China and India: October 1, 2017

All other countries: September 1, 2018

EB-2

China: November 1, 2016

India: June 1, 2009

All other countries: Current

EB-3 Professionals and Skilled Workers

China: January 1, 2016

India: April 1, 2010

Philippines: January 1, 2019

All other countries: Current

EB-3 Other Workers

China: June 1, 2008

India: April 1, 2010

Philippines: January 1, 2019

All other countries: Current

EB-4

El Salvador, Guatemala, Honduras: September 1, 2016

All other countries: Current

EB-5

China: November 1, 2014

All other countries: Current

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.