February 2019 Visa Bulletin: Modest Advancement in Cutoff Dates Overall; EB-1 Projected to Advance Through May 2019, But Will Remain Backlogged

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At a glance

• EB-1 will advance by two months for most countries, to December 1, 2017; China and India will advance by seven weeks, to February 8, 2017.
• EB-2 will advance by two months for China, to October 1, 2015, and by less than one week for India, to April 6, 2009. Remaining countries will remain current.
• The EB-3 subcategory for Professionals and Skilled Workers will remain current for most countries, though China will advance by three weeks to July 1, 2015, and India will advance almost two months to April 22, 2009.

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The situation

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

• EB-1: All countries except China and India will advance by two months, to December 1, 2017. China and India will advance by seven weeks, to February 8, 2017.  
• EB-2: All countries will remain current, except for China and India. China will advance by two months, to October 1, 2015, while India will advance less than a week to April 6, 2009. 
• EB-3 (Professional and Skilled Workers): Most countries will remain current, while China will advance three weeks to July 1, 2015, and India will advance almost two months to April 22, 2009. The Philippines will advance by five weeks to August 1, 2017.
• EB-5: The Non-Regional Center category will remain the same for China at September 1, 2014. Vietnam will advance two weeks to June 15, 2016. As discussed below, the Regional Center category is currently unavailable due to its program expiration. 

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. USCIS has indicated that it anticipates using the State Department’s Final Action dates as soon as February 2019.  For the last several months, USCIS has used the State Department’s Dates for Filing, a notable change from its usual practices.

Impact of program expirations

The EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs expired at midnight on December 21, 2018 and have not yet been reauthorized by legislation. Immigrant visas in these EB-4 and EB-5 subcategories will continue to be unavailable and affected cases will not be approved unless and until legislation is passed to reauthorize the programs. The EB-5 Non-Regional Center program is not affected.

Immigrant visa availability in the coming months

The State Department projects the following monthly cut-off date movements through May 2019:

• EB-1: China and India expected to advance up to one month. Other countries to advance up to two months.
• EB-2: China to advance up to three months; India to advance up to one week. All other countries expected to remain current for the foreseeable future.
• EB-3: China to advance up to three weeks; India to advance up to three months. Rapid movement for the Philippines. Remaining countries expected to remain current.
• EB-4: Mexico to advance “rapidly”; El Salvador, Guatemala and Honduras to advance up to one week. Other countries to remain current.
• EB-5: China to advance up to one week; Vietnam to advance up to three weeks. Other countries to remain current.

FINAL ACTION CUT-OFF DATES FOR FEBRUARY 2019

EB-1
China and India: February 8, 2017
All other countries: December 1, 2017

EB-2
China: October 1, 2015
India: April 6, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: July 1, 2015
India: April 22, 2009
Philippines: August 1, 2017
All other countries: Current

EB-3 Other Workers
China: August 1, 2007
India: April 22, 2009
Philippines: August 1, 2017
All other countries: Current

EB-4*
El Salvador, Guatemala, Honduras: March 1, 2016
Mexico: September 1, 2017
All other countries: Current
* The EB-4 Non-Religious Worker program is unavailable for all countries until it is reauthorized by legislation.

EB-5*
China: September 1, 2014
Vietnam: June 15, 2016
All other countries: Current
* The Regional Center program is unavailable for all countries until it is reauthorized by legislation.

FILING ELIGIBILITY CUT-OFF DATES FOR FEBRUARY 2019

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

EB-2
China: November 1, 2015
India: May 22, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: January 1, 2016
India: April 1, 2010
Philippines: October 1, 2017
All other countries: Current

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

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

EB-5
China: October 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.