December 2018 Visa Bulletin: Modest Advancement for EB-1, EB-2 and EB-3 Cutoff Dates

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At a glance

• EB-1 will advance by three months for all countries to July 1, 2017 except China and India, which will move to September 1, 2016.
• EB-2 will remain current for all countries, except for China which will advance by six weeks, to July 1, 2015, and India, which will advance by one week, to April 1, 2009.
• The EB-3 Professional and Skilled Worker Subcategory will continue to be current for most countries, while China, India and the Philippines will modestly advance.

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The situation

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

• EB-1: This category will advance by three months across the board, with China and India advancing to September 1, 2016 and all other countries advancing to July 1, 2017.
• EB-2: All countries will remain current, except for China, which will advance by six weeks, to July 1, 2015, and India, which will advance by one week, to April 1, 2009. 
• EB-3 (Professional and Skilled Workers): Most countries will remain current; China will advance by one week, to June 8, 2015;India will advance by two months, to March 1, 2009; and the Philippines will advance one week, to June 15, 2017.
• EB-5: The Regional and Non-Regional Center subcategories will advance by three months for Vietnam, to May 1, 2016; and one week for China, to August 22, 2014.

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cut-off dates for acceptance of adjustment of status applications next month. It remains to be seen whether the agency will use the State Department’s “Dates for Filing” chart, as it has done for the last two months. There were modest advancements in the cutoff dates on the State Department’s December “Dates for Filing” chart for EB-2 China, EB-3 Professional and Skilled Worker China, India and the Philippines, and EB-3 Other Workers for India and the Philippines. 

Impact of possible program expirations

The EB-4 Non-Minster Religious Worker and EB-5 Regional Center programs are set to expire on December 7, 2018, when a continuing budget resolution funding the federal government expires. Unless Congress reauthorizes these programs by December 7, immigrant visas in these EB-4 and EB-5 subcategories will become unavailable on that date, and affected cases will not be approved.  The EB-5 non-Regional Center program will not be affected.

FINAL ACTION CUT-OFF DATES FOR DECEMBER 2018

EB-1
China and India: September 1, 2016
All other countries: July 1, 2017

EB-2
China: July 1, 2015
India: April 1, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: June 8, 2015
India: March 1, 2009
Philippines: June 15, 2017
All other countries: Current

EB-3 Other Workers
China: June 1, 2007
India: March 1, 2009
Philippines: June 15, 2017
All other countries: Current

EB-4*
El Salvador, Guatemala, Honduras: February 22, 2016
Mexico: January 1, 2017
All other countries: Current                                                                                     
* The EB-4 Non-Religious Worker program will become unavailable for all countries on December 7 unless it is reauthorized by Congress.

EB-5*
China: August 22, 2014
Vietnam: May 1, 2016
All other countries: Current
* The Regional Center program will become unavailable for all countries on December 7 unless it is reauthorized by Congress.

FILING ELIGIBILITY CUT-OFF DATES FOR DECEMBER 2018

EB-1
China and India: October 1, 2017
All other countries: June 1, 2018

EB-2
China: September 8, 2015
India: May 22, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: December 1, 2015
India: January 1, 2010
Philippines: August 1, 2017
All other countries: Current

EB-3 Other Workers
China: June 1, 2008
India: January 1, 2010
Philippines: August 1, 2017
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: May 1, 2016
All other countries: Current

EB-5
China: October 10, 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.