February 2018 Visa Bulletin: EB-2 and EB-3 China and India Continue to Advance

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At a glance

• EB-2 China will advance by more than seven weeks, to October 1, 2013.
• EB-2 India will advance by two weeks, to December 8, 2008.
• EB-3 cutoff dates for professionals and skilled workers will advance by five months for China, to September 15, 2014, and by one month for India, to December 1, 2006.
• The EB-5 Regional Center Program is set to expire on January 19, 2018 and will be unavailable unless reauthorized by Congress.

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The situation

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

• EB-2: China will advance by more than seven weeks, to October 1, 2013. India will advance by two weeks, to December 8, 2008.
• EB-3 (Professional and Skilled Workers): China will advance by five months, to September 15, 2014. India will advance by one month, to December 1, 2006.
• EB-3 (Other Workers): China will advance by almost six weeks, to February 1, 2007. India will advance one month, to December 1, 2006.
• EB-5: China will remain at July 22, 2014. The Regional Center Program may become unavailable for all countries after January 19, 2018 unless Congress reauthorizes it.

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 February. Dates for filing will remain unchanged from January for most countries. For China, however, EB-2 will advance by one year, to November 15, 2014; EB-3 (Professional and Skilled Workers) will advance by four months, to January 1, 2016; and EB-5 Regional and Non-Regional Center programs will retrogress by one month, to September 1, 2014.

Possible Unavailability for the EB-4 Non-Minister Religious Worker and EB-5 Regional Center Programs

The EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are set to expire on January 19, 2018 under a temporary federal spending measure passed on December 22, 2017. Unless Congress reauthorizes these programs or passes another temporary spending measure, immigrant visas in the EB-4 and EB-5 subcategories will become unavailable later this month. The EB-5 non-Regional Center program will not be affected.

Projections for Immigrant Visa Availability

The State Department also made the following projections of monthly movement in cut-off dates over the next several months:

• EB-1: Current for all countries.
• EB-2: Current worldwide; China to advance by several months; India up to two weeks.
• EB-3: Current worldwide; China to advance by up to five months; India up to three months; Philippines up to one month.
• EB-4: Current for most countries; El Salvador, Guatemala, Honduras to advance up to three weeks; Mexico some forward movement.
• EB-5: Current for most countries; China to have little, if any, forward movement; Vietnam will become subject to a final action date no later than April.

FINAL ACTION CUT-OFF DATES FOR FEBRUARY 2018

EB-1
Current for all countries

EB-2
China: October 1, 2013
India: December 8, 2008
All other countries: Current

EB-3 Professionals and Skilled Workers
China: September 15, 2014
India: December 1, 2006
Philippines: March 1, 2016
All other countries: Current

EB-3 Other Workers
China: February 1, 2007
India: December 1, 2006
Philippines: March 1, 2016
All other countries: Current

EB-4*
El Salvador, Guatemala, Honduras: December 1, 2015
Mexico: June 22, 2016
All other countries: Current
* The EB-4 Non-Religious Worker program may become unavailable for all countries after midnight on January 18 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 January 19 unless Congress reauthorizes it.

FILING ELIGIBILITY CUT-OFF DATES FOR FEBRUARY 2018

EB-1
Current for all countries

EB-2
China: November 15, 2014
India: February 8, 2009
All other countries: Current

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

EB-3 Other Workers
China: June 1, 2008
India: January 1, 2008
Philippines: August 1, 2016
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.