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September 2018 Bulletin: Retrogression for EB-2 and EB-3 categories

2018-09-13
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For the month of September, final action dates for several employment-based visa categories retrogressed. This is hardly surprising as these retrogressions are to ensure that the number of immigrant visas granted is within the annual quota for FY 2018 which comes to an end this month. As such, priority date cut-offs for October 2018 bulletin (which marks the beginning of the FY 2019) are expected to return to those of August 2018.

The retrogressions witnessed in the September 2018 bulletin are effective until September 30, 2018. 

Overview

For September, major changes include

  • 1-month forward movement of EB-1 cut-off dates for all countries except China and India. 

 

  • EB-2 final action dates for all countries regress. For India, the new EB-2 final action date is January 1, 2007. For the rest of the world including China, the EB-2 final action date is January 1, 3013.

 

  • Except for China, all other countries EB-3 final action dates retrogress.

 

Summary of Employment-Based Preference Petitions

For the Employment-based preference filings in September, final action dates must be used.

The EB-1 category - EB-1 priority date cut-offs for India and China stay the same at January 1, 2012. For the rest of the world, EB-1 priority dates move by a month to June 1, 2016

.

The EB-2 category - EB-2 priority date cut-off for India retrogresses to January 1, 2007. For the rest of the world including China, EB-2 cut-off dates retrogress to January 1, 2013.

 

The EB-3 category - In this category, China is the only country to witness an advancement in EB-3 cut-off date. Cut-off dates for EB-3 for all countries except India and China retrogress by 4 months to November 1, 2016. India retrogresses to January 1, 2003, and China advances to November 1, 2014.

 

The EB-3 (Other Workers) category - India’s date retrogresses to January 1, 2003, while China’s EB-3 cut-off date stays at May 1, 2007. For the rest of the world, the new EB-3 final action date is November 1, 2016, a retrogression.

 

The EB-4 category - Dates for India, Mexico, Honduras, Guatemala, and El Salvador advances by a week to February 15, 2016. China’s date remains current. All other areas date also remains current.

 

The EB-5 category - Dates for China and Vietnam moves by a week to August 8, 2014. The rest of the world remains current.

 

Summary of Family-Based Preference Categories

For the Family-Based Preference filings in September, date of filing must be used.

  • FB-1, FB-2A, and FB-3 dates for filing remain the same for September 2018.

 

  • The FB-2B category - this is the only category which sees a change in dates of filing. For Philippines and Mexico, the dates remain the same at December 15, 2007, and June 8, 1997, respectively. For India, China and the rest the world dates of filing advances by several months to March 22, 2014.

EB Preference Cases - Final Action Dates, September 2018

In September 2018, the Final Action Dates must be used when filing.

EB-1 Category

  • India - January 1, 2012 (no change)

 

  • China - January 1, 2012 (no change)

 

  • Rest of the world including Honduras, Guatemala, El Salvador, Mexico, and the Philippines - June 1, 2016 (previously May 1, 2016)

 

EB-2 Category

  • India - January 1, 2007 (previously March 15, 2009)

 

  • China - January 1, 2013 (previously March 1, 2015)

 

  • Rest of the world including Honduras, Guatemala, El Salvador, Mexico, and the Philippines - January 1, 2013 (previously Current)

EB-3 Category

  • India - January 1, 2003 (previously January 1, 2009)

 

  • China - November 1, 2014 (previously July 1, 2014)

 

  • The Philippines - November 1, 2016 (previously June 1, 2017)

 

  • Rest of the world including Honduras, Guatemala, El Salvador, and Mexico - November 1, 2016 (previously Current)

 

EB-3 (Other Workers)

 

  • India - January 1, 2003 (previously January 1, 2009)

 

  • China - May 1, 2007 (no change)

 

  • The Philippines - November 1, 2016 (previously June 1, 2017)

 

  • Rest of the world including Honduras, Guatemala, El Salvador, and Mexico - November 1, 2016 (previously Current)

 

EB-4 Category including Certain Religious Workers

  • India - February 15, 2016 (previously February 8, 2016)

 

  • China - Current (no change)

 

  • Mexico, Honduras, Guatemala, and El Salvador - February 15, 2016 (previously February 8, 2016)

 

  • Rest of the world including the Philippines - Current (no change)

 

EB-5 Category

  • India - Current (no change)

 

  • China - August 8, 2014 (previously August 1, 2014)

 

  • Vietnam - August 8, 2014 (previously August 1, 2014)

 

  • Rest of the world including Honduras, Guatemala, El Salvador, Mexico and the Philippines - Current (no change)

Family-Sponsored Preference Cases - Dates for Filing, September 2018

In September 2018, the Dates for Filing must be used as priority dates for family-sponsored preference cases.

FB-1 Category

  • India - March 8, 2012 (no change)

 

  • China - March 8, 2012 (no change)

 

  • Philippines - February 15, 2008 (no change)

 

  • Mexico - September 1, 1998 (no change)

 

  • Rest of the world - March 8, 2012 (no change)

 

FB-2A Category

  • India - December 1, 2017 (no change)

 

  • China - December 1, 2017 (no change)

 

  • The Philippines - December 1, 2017 (no change)

 

  • Mexico - December 1, 2017 (no change)

 

  • Rest of the world - December 1, 2017 (no change)

FB-2B Category

  • India - March 22, 2014 (previously January 8, 2012)

 

  • China - March 22, 2014 (previously January 8, 2012)

 

  • Philippines - December 15, 2007 (no change)

 

  • Mexico - June 8, 1997 (no change)

 

  • Rest of the world - March 22, 2014 (previously January 8, 2012)

FB-3 Category

  • India - September 22, 2006 (no change)

 

  • China - September 22, 2006 (no change)

 

  • Philippines - August 1, 1995 (no change)

 

  • Mexico - October 8, 1998 (no change)

 

  • Rest of the world - September 22, 2006 (no change)

FB-4 Category

  • India - January 1, 2005 (no change)

 

  • China - May 1, 2005 (no change)

 

  • The Philippines - December 1,  1995 (no change)

 

  • Mexico - June 1, 1998 (no change)

 

  • Rest of the world - May 1, 2005 (no change)

 

Sources

USCIS. (2018). When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: September 2018.

USCIS. (2018). Adjustment of Status Filing Charts from the Visa Bulletin. Retrieved August 29, 2018

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