The priority date cut-off for EB-3 China could advance significantly in August 2014, in contrast to earlier projections which suggested that the category would remain static and possibly retrogress during the remainder of fiscal year 2014. The State Department anticipates that unused family-based immigrant visa numbers could be available to be applied to the EB-3 China backlog. Due to unpredictable fluctuations in allocation of immigrant visa numbers, however, the exact cut-off date will not be known until the August Visa Bulletin is published in early July.
The projections were presented during the annual American Immigration Lawyers Association conference late last week.
What This Means for Employers and Foreign Nationals
Certain foreign nationals in the EB-3 China category and their dependent family members may be able to file applications to adjust status during August and September 2014. The reprieve is a welcome shift from the stagnancy that was previously predicted.
In addition, employees whose immigrant petitions were initially filed as EB-2 China and subsequently re-filed under EB-3 China may see their cases processed to completion.
How Fragomen Can Assist
Once the August Visa Bulletin is published, Fragomen can assist clients with identifying foreign nationals who are eligible to submit adjustment of status applications and with preparing and filing the applications. Fragomen can also notify the United States Citizenship and Immigration Services of EB-3 China priority dates that become current in order to encourage issuance of the permanent resident cards in August and September 2014.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact your designated Fragomen professional.
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