At a glance

In March, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's March Visa Bulletin.

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 March 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 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 March 2018

To be eligible to file an employment-based adjustment application in March, 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 MARCH 2018

EB-1 Current for all countries EB-2 China: December 8, 2013 India: December 15, 2008 All other countries: Current

EB-3 Professionals and Skilled Workers China: November 15, 2014 India: January 1, 2007 Philippines: May 1, 2016 All other countries: Current

EB-3 Other Workers China: March 1, 2007 India: January 1, 2007 Philippines: May 1, 2016 All other countries: Current

EB-4* El Salvador, Guatemala, Honduras: December 1, 2015 Mexico: July 1, 2016 All other countries: Current * The EB-4 Non-Religious Worker program may become unavailable for all countries on March 23, 2018 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 on March 23, 2018 unless Congress reauthorizes it.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.