United States: June 2016 Visa Bulletin: Significant Retrogression for EB-2 China and India, EB-3 China

In June, the cutoff dates for final issuance of an immigrant visa will retrogress by more than four years for EB-2 India and 20 months for EB-2 China. EB-3 will retrogress by more than three years and seven months for China, but will advance modestly for India and the Philippines. EB-5 will advance by one week for China.

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May 10, 2016
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According to the State Department's June Visa Bulletin, there will be significant retrogressions in the cutoff dates for final issuance of an immigrant visa for EB-2 India and China and EB-3 China next month, consistent with recent agency projections . EB-2 India will retrogress by more than four years, to October 1, 2004, while EB-2 China will retrogress by 20 months, to January 1, 2010. The EB-3 China cutoff date for professionals and skilled workers will move back by just over three years and seven months, to January 1, 2010.

Final action cutoff dates will advance by three weeks for EB-3 India, to September 22, 2004, and by nearly three months for EB-3 Philippines, to November 1, 2008. Priority date cutoffs for all other countries will be unchanged in EB-3.

The final action cutoff date for EB-5 China will advance by one week, to February 15, 2014.

There will be no advancement in cutoff dates for eligibility to file an application for permanent residence in any backlogged categories. In the coming days, USCIS is expected to announce on its own Visa Bulletin web page whether it will accept adjustment of status applications from foreign nationals with a priority date that makes them eligible to file in June.

Employment-Based Immigrant Visa Availability in the Coming Months

Final action dates for China EB-2 and EB-3 are not expected to advance for the remainder of this fiscal year, due to extremely heavy demand for the category. In FY 2017, which begins October 1, 2016, China EB-2 and EB-3 cutoff dates are expected to return to May 2016 cutoff dates.

The State Department projects that EB-2 India will advance slowly over the next three months.


FINAL ACTION CUT-OFF DATES FOR JUNE 2016

EB-1
Current for all countries.

EB-2
China: January 1, 2010
India: October 1, 2004
All other countries: Current

EB-3 Professionals and Skilled Workers
China: January 1, 2010
India: September 22, 2004
Philippines: November 1, 2008
All other countries: February 15, 2016

EB-3 Other Workers
China: April 22, 2007
India: September 22, 2004
Philippines: November 1, 2008
All other countries: February 15, 2016

EB-5
China: February 15, 2014
Current for all other countries and subcategories.


FILING ELIGIBILITY CUT-OFF DATES FOR JUNE 2016

EB-1
Current for all countries.

EB-2
China: June 1, 2013
India: July 1, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China: May 1, 2015
India: July 1, 2005
Philippines: January 1, 2010
All other countries: Current

EB-3 Other Workers
China: August 1, 2009
India: July 1, 2005
Philippines: January 1, 2010
All other countries: Current

EB-5
China: May 1, 2015
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 Worldwide.


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