The situation
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 April Visa Bulletin.
As a reminder, the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are set to expire on March 23, 2018 under a temporary federal spending measure passed on February 9, 2018. Unless Congress reauthorizes these programs or passes another temporary spending measure, immigrant visas in the two EB-4 and EB-5 subcategories will become unavailable later in March. The EB-5 non-Regional Center program will not be affected.
Employment-Based Priority Date Cut-offs for April 2018
To be eligible to file an employment-based adjustment application in April, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
FINAL ACTION CUT-OFF DATES FOR APRIL 2018
EB-1 China: January 1, 2012 India: January 1, 2012 All other countries: Current
EB-2 China: August 1, 2014 India: December 22, 2008 All other countries: Current
EB-3 Professionals and Skilled Workers China: June 1, 2015 India: February 1, 2008 Philippines: January 1, 2017 All other countries: Current
EB-3 Other Workers China: April 1, 2007 India: February 1, 2008 Philippines: January 1, 2017 All other countries: Current
EB-4* El Salvador, Guatemala, Honduras: December 15, 2015 Mexico: August 8, 2016 All other countries: Current * The EB-4 Non-Minister Religious Worker program may become unavailable for all countries after midnight on March 22 unless Congress reauthorizes it.
EB-5* China: July 22, 2014 Current for all other countries and subcategories * The Regional Center program may become unavailable for all countries after March 23 unless Congress reauthorizes it. The non-Regional Center program is unaffected.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.