April Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month

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At a glance

In April, 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 April Visa Bulletin.

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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 April Visa Bulletin.

As a reminder, 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 two EB-4 and EB-5 subcategories will become unavailable later in March. The EB-5 non-Regional Center program will not be affected.

Employment-Based Priority Date Cut-offs for April 2018

To be eligible to file an employment-based adjustment application in April, 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 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.

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