February Visa Bulletin Update: USCIS to Honor Final Action Dates Next Month

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At a glance

• In February, USCIS will accept employment-based adjustment applications from foreign nationals with a priority date that is earlier than the Final Action dates listed in the State Department's February Visa Bulletin.
• After several months of honoring the Dates for Filing chart, USCIS has returned to use of the Final Action Date chart, which reflects actual immigrant visa availability for that month.

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Employment-Based Priority Date Cut-offs for February 2019

To be eligible to file an employment-based adjustment application in February, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

The U.S. Citizenship and Immigration Services (USCIS) has chosen to honor the Department of State Final Action Dates chart, rather than the Dates for Filing chart it has chosen for the last several months. The Final Action Date chart reflects actual visa availability for that month.

As a reminder, the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs expired on December 21, 2018. Unless and until Congress reauthorizes these programs, immigrant visas in these subcategories will not be available.

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 EB-5 Regional Center program is unavailable for all countries until it is reauthorized by legislation.

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