August 2017 Visa Bulletin: EB-2 Retrogresses Worldwide; EB-3 Becomes Current For Many Countries and Advances for India

According to the State Department’s August Visa Bulletin, EB-2 final action cutoff dates will retrogress to April 1, 2015 for most countries. EB-2 China will advance by one month, to April 22, 2013, and EB-2 India will remain at July 22, 2008. In the EB-1 category, the cutoff date for India and China will remain at January 1, 2012.

The EB-3 professional and skilled worker subcategory will become current for many countries. However, EB-3 China will remain at January 1, 2012, while EB-3 India will advance by five months, to July 15, 2006, and the Philippines will advance by more than 12 months, to June 1, 2015. The other worker subcategory for EB-3 China will retrogress by two and a half years, to January 1, 2004.

The final action cutoff date for EB-5 China, in both the Regional Center and Non-Regional Center programs, will advance one week, to June 15, 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 August. The dates for filing will remain unchanged next month, with the exception of India and the Philippines in the EB-3 professional, skilled worker and other worker category, where India will advance by three months, to January 1, 2007, and the Philippines will advance by six months, to January 1, 2016.

Employment-Based Immigrant Visa Availability in the Coming Months

The EB-2 worldwide retrogression – projected by the State Department earlier this year – is the result of high demand for adjustment of status in the category and is being implemented to hold immigrant visa number use within the worldwide EB-2 annual limit. The category is expected to remain backlogged until October 2017, when it is expected become current once again.

FINAL ACTION CUT-OFF DATES FOR AUGUST 2017

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

EB-2
China: April 22, 2013
India: July 22, 2008
All other countries: April 1, 2015

EB-3 Professionals and Skilled Workers
China: January 1, 2012
India: July 15, 2006
Philippines: June 1, 2015
All other countries: Current

EB-3 Other Workers
China: January 1, 2004
India: July 15, 2006
Philippines: June 1, 2015
All other countries: Current

EB-5
China: June 15, 2014
Current for all other countries.

FILING ELIGIBILITY CUT-OFF DATES FOR AUGUST 2017

EB-1
Current for all countries.

EB-2
China: October 1, 2013
India: February 1, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: September 1, 2015
India: January 1, 2007
Philippines: January 1, 2016
All other countries: Current

EB-3 Other Workers
China: June 1, 2008
India: January 1, 2007
Philippines: January 1, 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.