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

United States

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 May Visa Bulletin.

The agency will not accept adjustments under the EB-5 Regional Center program unless it is reauthorized by Congress. The Regional Center program is currently set to expire on April 28, 2017. If there is legislative action extending the program, USCIS will issue an update on acceptance of these cases.

Employment-Based Priority Date Cut-offs for May 2017

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

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 Non-Regional Center
China: June 1, 2014
Current for all other countries.

EB-5 Regional Center
Unavailable for all countries in May unless reauthorized by Congress.

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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