July 2019 Visa Bulletin: No Movement for EB-1 Worldwide, More Backlogs Projected in Worldwide Categories as End to Fiscal Year Nears

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At a glance

• EB-1 Worldwide will remain at April 22, 2018, and further retrogression may occur as early as August 2019.
• EB-1 India will remain at January 1, 2015, but is expected to return to February 22, 2017 on October 1, 2019, the start of FY 2020.
• EB-2 and EB-3 Worldwide categories could retrogress as early as August 2019.
• EB-5 India, which has been current for filing, will retrogress to May 1, 2017.

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A closer look

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

• EB-1: India will remain at January 1, 2015. China will advance more than two months to May 8, 2017. All other countries will remain at April 22, 2018.
• EB-2: All countries except China and India will remain current. China will advance by three months, to November 1, 2016, while India will advance by only five days, to April 24, 2009. 
• EB-3 (Professional and Skilled Workers): Most countries will remain current, while China will advance by more than three months, to January 1, 2016, and India will remain at July 1, 2009. The Philippines will become current in July.
• EB-5: Both the Regional and Non-Regional Center categories will remain the same for China, at October 1, 2014. Vietnam will also remain the same, at October 1, 2016. India will become newly retrogressed next month, to May 1, 2017. All other countries will remain current.

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.

Immigrant visa availability in the coming months

In the July Bulletin, the State Department provides projections for visa availability through the end of FY 2019. It predicts that retrogression for both the EB-2 and EB-3 Worldwide categories could occur as early as August 2019, in response to increased adjustment of status filing demand in recent weeks. Though the Department had predicted these categories would remain current throughout the fiscal year, predictions always remain subject to a change in visa demand. It is not uncommon for visa availability to become more limited as the fiscal year comes to a close.

The Department predicts the following potential monthly cut-off date movements through September 2019:

• EB-1: No forward movement is expected for India or China. India will return to a cutoff date of February 22, 2017 in October 2019. Worldwide retrogression could occur as early as August 2019.
• EB-2: India is expected to advance up to one week. The Worldwide category could retrogress as early as August 2019 and China may be subject to the Worldwide Final Action date.
• EB-3: India is expected to see little, if any, advancement, while China is expected to advance up to several months. For all other countries, retrogression could occur as early as August 2019.
• EB-5: India and Vietnam will reach their per-country limits in July and will be subject to the China Final Action date for August and September.The State Department indicated that it is too early to predict whether China will advance prior to the start of the new fiscal year in October. All other countries are expected to remain current. Starting in October, EB-5 India will most likely advance to a cutoff date falling in Summer or Fall 2017; EB-5 Vietnam will most likely advance to a cutoff date in Fall or early Winter 2016.

FINAL ACTION CUT-OFF DATES FOR JULY 2019

EB-1
India: January 1, 2015
China: May 8, 2017
All other countries: April 22, 2018

EB-2
China: November 1, 2016
India: April 24, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: January 1, 2016
India: July 1, 2009
All other countries: Current

EB-3 Other Workers
China: November 22, 2007
India: July 1, 2009
All other countries: Current

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

EB-5
China: October 1, 2014
Vietnam: October 1, 2016
India: May 1, 2017
All other countries: Current

 

FILING ELIGIBILITY CUT-OFF DATES FOR JULY 2019

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

EB-2
China: February 1, 2017
India: June 1, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: June 1, 2016
India: April 1, 2010
All other countries: Current

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

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

EB-5
China: November 1, 2014
All other countries: Current

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