May 2017 Visa Bulletin: Final Action Dates Advance for EB-2 China and All Countries in EB-3; EB-1 and EB-2 Retrogression Expected in the Coming Months

United States

According to the State Department’s May Visa Bulletin, immigrant visa availability dates for final action will advance by three weeks for EB-2 China, to February 8, 2013, while remaining at June 22, 2008 for EB-2 India.

The EB-3 subcategory for professionals and skilled workers will advance by six weeks for China, to October 1, 2014; one day for India, to March 25, 2005; three and a half months for the Philippines, to January 1, 2013; and one month for all other countries, to March 15, 2017. The EB-3 other worker subcategory will advance by one week for China, to March 8, 2006; one day for India, to March 25, 2005; three and a half months for the Philippines, to January 1, 2013; and one month for all other countries, to March 15, 2017.

In the EB-5 category, final action dates for non-Regional Center applicants will remain current for all countries but China, which will advance by one week to June 1, 2014. As a reminder, the EB-5 Regional Center program is set to expire on April 28, 2017, and therefore, visas in this subcategory will be unavailable in May unless the program is reauthorized by Congress.

Dates for filing eligibility in the EB-2 category will advance to October 1, 2013 for China and retrogress to February 1, 2009 for India.  In the EB-3 subcategory for professionals and skilled workers, China will advance to September 1, 2015, India will advance to April 22, 2006 and the Philippines will advance to July 1, 2014.  The EB-3 other worker subcategory will retrogress to June 1, 2008 for China and India will advance to April 22, 2006.  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 May.

Employment-Based Immigrant Visa Availability in the Coming Months

The State Department made a number of projections about employment-based visa availability in the second half of the fiscal year, which ends on September 30, 2017. The agency anticipates that EB-1 China and India will retrogress in the near future, after which it might advance slowly through September. The State Department expects that EB-1 China and India will become current again in October. Similarly, the EB-2 category is expected to retrogress worldwide no later than July, after which there may be some advancements through September. The category will become current in October, when FY 2018 immigrant visa numbers become available.

FINAL ACTION CUT-OFF DATES FOR MAY 2017

EB-1
Current for all countries.

EB-2
China: February 8, 2013
India: June 22, 2008
All other countries: Current

EB-3 Professionals and Skilled Workers
China: October 1, 2014
India: March 25, 2005
Philippines: January 1, 2013
All other countries: March 15, 2017

EB-3 Other Workers
China: March 8, 2006
India: March 25, 2005
Philippines: January 1, 2013
All other countries: March 15, 2017

EB-5
China: June 1, 2014
Current for all other countries.

FILING ELIGIBILITY CUT-OFF DATES FOR MAY 2017

EB-1
Current for all countries.

EB-2
China: October 1, 2013
India: February 1, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: September 1, 2015
India: April 22, 2006
Philippines: July 1, 2014
All other countries: Current

EB-3 Other Workers
China: June 1, 2008
India: April 22, 2006
Philippines: July 1, 2014
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.

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