November 2018 Visa Bulletin – No Advancement in EB-1 and Most EB-2/3 Cutoff Dates, Slight Movement for EB-2 China

---

At a glance

• EB-1 for all countries and EB-2 and EB-3 for nearly all countries will remain at the dates set in last month’s bulletin.
• EB-2 China will advance more than a month, to May 15, 2015.
• The EB-4 non-minister religious worker and EB-5 Regional Center programs have been temporarily reauthorized by Congress and return to immigrant visa availability, with some countries retrogressed.

---

The situation

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

• EB-1: All countries remain retrogressed at the same date as last month.
• EB-2: Most countries remain the same; China will advance more than one month, to May 15, 2015.
• EB-3 (Professional and Skilled Workers): Most countries will remain the same; the Philippines will advance one week, to June 8, 2017.
• EB-5: The Non-Regional Center subcategory for Vietnam will advance one week, to February 1, 2016. The Regional Center category returns to availability. Vietnam will have a February 1, 2016 cutoff date; for China, the cutoff date will be August 15, 2014 .

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cut-off dates for acceptance of adjustment of status applications next month.  It remains to be seen whether the agency will use the State Department’s “Final Action Date” chart, which is its more common practice, or the “Dates for Filing” chart, as it did last month for the first time in almost two years.  The cutoff dates on the State Department’s November “Dates for Filing” chart are unchanged from last month.

Extension of Certain EB-4 and EB-5 Programs to December 7, 2018

Congress has temporarily extended the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs until December 7, 2018 while federal budget negotiations continue. The programs were originally set to expire on September 30, 2018.

FINAL ACTION CUT-OFF DATES FOR NOVEMBER 2018

EB-1
China and India: June 1, 2016
All other countries: April 1, 2017

EB-2
China: May 15, 2015
India: March 26, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: June 1, 2015
India: January 1, 2009
Philippines: June 8, 2017
All other countries: Current

EB-3 Other Workers
China: May 1, 2007
India: January 1, 2009
Philippines: June 8, 2017
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: February 15, 2016
Mexico: November 22, 2016
All other countries: Current

EB-5
China: August 15, 2014
Vietnam: February 1, 2016
All other countries: Current

FILING ELIGIBILITY CUT-OFF DATES FOR NOVEMBER 2018

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

EB-2
China: June 15, 2015
India: May 22, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: August 8, 2015
India: October 1, 2009
Philippines: July 1, 2017
All other countries: Current

EB-3 Other Workers
China: June 1, 2008
India: October 1, 2009
Philippines: July 1, 2017
All other countries: Current

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

EB-5
China: October 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.