April 2018 Visa Bulletin: Cutoff Date for EB-1 China and India; Significant Advancements for EB-2 China, EB-3 India

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At a glance

• Due to very high demand, a cutoff date of January 1, 2012 will be imposed for EB-1 China and India.
• EB-2 China will advance by nearly eight months, to August 1, 2014.
• EB-2 India will advance by one week, to December 22, 2008.
• EB-3 cutoff dates for professionals and skilled workers will advance by over six months for China, to June 1, 2015, and by over a year for India, to February 1, 2008.

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The situation

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

• EB-1: Due to very high demand, a cutoff date of January 1, 2012 will be imposed for EB-1 China and India. Both countries have reached their per-country quota, though there could be some advancement in the cut-off date before the end of this fiscal year.
• EB-2: China will advance by nearly eight months, to August 1, 2014. India will advance by one week, to December 22, 2008.
• EB-3 (Professional and Skilled Workers): China will advance by over six months, to June 1, 2015. India will advance by over a year, to February 1, 2008. Priority dates will remain current for most other countries.
• EB-3 (Other Workers): China will advance by one month, to April 1, 2007. India will advance by over a year, to February 1, 2008.
• EB-5: China will remain at July 22, 2014.

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page whether it will accept adjustment of status applications from foreign nationals with a priority date that is current for filing eligibility in April. Dates for filing will remain unchanged from March for most countries. In the EB-3 (Professional and Skilled Workers) and EB-3 Other Workers categories, however, India will advance by three months, to April 1, 2008 and the Philippines will advance by nine months, to July 1, 2017.

Impact of possible program expirations

The EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are set to expire on March 23, 2018 under a temporary federal spending measure passed on February 9, 2018. Unless Congress reauthorizes these programs or passes another temporary spending measure, immigrant visas in the EB-4 and EB-5 subcategories will become unavailable. The EB-5 non-Regional Center program will not be affected.

Retrogression expected for EB-5 Vietnam

The State Department projects that EB-5 for Vietnam will reach its per-country annual limit by May 2018. The State Department had initially projected that EB-5 would become oversubscribed this month.

FINAL ACTION CUT-OFF DATES FOR APRIL 2018

EB-1
China: January 1, 2012
India: January 1, 2012
All other countries: Current

EB-2
China: August 1, 2014
India: December 22, 2008
All other countries: Current

EB-3 Professionals and Skilled Workers
China: June 1, 2015
India: February 1, 2008
Philippines: January 1, 2017
All other countries: Current

EB-3 Other Workers
China: April 1, 2007
India: February 1, 2008
Philippines: January 1, 2017
All other countries: Current

EB-4*
El Salvador, Guatemala, Honduras: December 15, 2015
Mexico: August 8, 2016
All other countries: Current
* The EB-4 Non-Minister Religious Worker program may become unavailable for all countries after midnight on March 22 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 March 23 unless Congress reauthorizes it. The non-Regional Center program is unaffected.

FILING ELIGIBILITY CUT-OFF DATES FOR APRIL 2018

EB-1
Current for all countries

EB-2
China: February 1, 2015
India: February 8, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: January 1, 2016
India: April 1, 2008
Philippines: July 1, 2017
All other countries: Current

EB-3 Other Workers
China: June 1, 2008
India: April 1, 2008
Philippines: July 1, 2017
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: April 15, 2016
All other countries: Current

EB-5
China: September 1, 2014
Current for all other countries and subcategories

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