The situation

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

• EB-2: China will advance by more than two months, to December 8, 2013. India will advance by one week, to December 15, 2008.
• EB-3 (Professional and Skilled Workers): China will advance by two months, to November 15, 2014. India will advance by one month, to January 1, 2007.
• EB-3 (Other Workers): China will advance by one month, to March 1, 2007. India will advance one month, to January 1, 2007.
• EB-5: China will remain at July 22, 2014.

In the coming days, USCIS is expected to announce on its own Visa Bulletin web pagewhether it will accept adjustment of status applications from foreign nationals with a priority date that is current for filing eligibility in March. Dates for filing will remain unchanged from February for most countries. For China, however, EB-2 will advance by eleven weeks, to February 1, 2015. For the Philippines, EB-3 (Professional and Skilled Workers) and EB-3 Other Workers will advance by two months, to October 1, 2016.

Impact of possible program expirations

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.

Retrogression expected for EB-5 Vietnam

The State Department projects that EB-5 for Vietnam will reach its per-country annual limit in March 2018. The category will then be subject to a final action date, and visa availability for the rest of FY 2018 will be contingent on the availability of otherwise unused numbers.

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 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.

FILING ELIGIBILITY CUT-OFF DATES FOR MARCH 2018

EB-1
Current for all countries

EB-2
China: February 1, 2015
India: February 8, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: January 1, 2016
India: January 1, 2008
Philippines: October 1, 2016
All other countries: Current

EB-3 Other Workers
China: June 1, 2008
India: January 1, 2008
Philippines: October 1, 2016
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: April 15, 2016
All other countries: Current

EB-5
China: September 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.