January Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month

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Executive Summary

• In January, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's January Visa Bulletin.
• Adjustments for the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs will not be accepted unless the programs are reauthorized by Congress.

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USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action under the State Department’s January Visa Bulletin.

The EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are set to expire on December 22, 2017 under a temporary federal spending measure signed into law on December 7, 2017. Unless Congress reauthorizes these programs or passes another temporary spending measure, USCIS will not accept applications under these subcategories next month.

Employment-Based Priority Date Cut-offs for January 2018

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

FINAL ACTION CUT-OFF DATES FOR JANUARY 2018

EB-1
Current for all countries

EB-2
China: August 8, 2013
India: November 22, 2008
All other countries: Current

EB-3 Professionals and Skilled Workers
China: April 15, 2014
India: November 1, 2006
Philippines: February 15, 2016
All other countries: Current

EB-3 Other Workers
China: December 22, 2006
India: November 1, 2006
Philippines: February 15, 2016
All other countries: Current

EB-4*
El Salvador, Guatemala, Honduras: December 1, 2015
Mexico: June 1, 2016
All other countries: Current
*The EB-4 Non-Religious Worker program may become unavailable for all countries after December 22, 2017 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 December 22, 2017 unless Congress reauthorizes it.

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