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November 2018 Bulletin: For the Second Month Running, USCIS Will Use Filing Dates As Cutoff for Both Family-Sponsored and Employment-Based Preference Filings

2018-11-02
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For the second consecutive month, both employment-based filings and family sponsored fillings will use the dates for filing charts. The last time this happened was 2 years ago in November 2016. This means that several persons with priority dates that will otherwise be unavailable if the final action dates were to be used can submit their permanent residency application.

 

OVERVIEW

 There are no differences between the dates for filing for October and those for November. 

 

Summary of Employment-Based Preference Petitions

 For employment-based preference petitions, the dates for filing will be used as the cut-off dates.

The EB-1 category - Cutoff dates are still not current for any nation. The dates will remain the same for November as they are in October. For China (mainland-born), the cutoff remains on October 1, 2017. For India, the cutoff date is June 1, 2018.  For all other chargeability areas, the date is June 1, 2018, as well.

 

The EB-2 category - The date for filing for China (mainland-born) is June 15, 2015. For India, it is May 22, 2009. For all other chargeability areas, the cutoff date is current.

 

The EB-3 category - For China (mainland-born), the cutoff date is August 8, 2018. For India, the cutoff date is October 1, 2009. For all other chargeability areas, the cutoff is current.

 

The EB-3 (Other Workers) category - The date for filing for foreign nationals born on mainland China (mainland-born) is June 1, 2008. The cutoff date is October 1, 2009, for India, and current for all other chargeability areas.

 

The EB-4 & EB-5 categories - For foreign nationals applying for permanent residency using the EB-4 category, the cutoff dates for El Salvador, Guatemala, and Honduras is May 1, 2016, while the cutoff dates for all other countries are current.  And for foreign nationals applying for permanent residency using the EB-5 category, the cutoff date for China (mainland-born) is October 1, 2014, while the cutoff dates for all other countries including India are current. 

 

Final Action Dates Front

On the final action dates front, there are slight movements. This is based on the predictions of Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State.

EB-1 - For EB-1 category, all dates remain the stay in November. However, in December, there is expected to be a forward movement for EB-1 India, EB-1 China, and EB-1 Worldwide. Although it is yet unclear just how much movement is to be seen, they will not return to the current in the 2018 calendar year.

 

China’s EB-2 and EB-3 Movements - In November, EB-2 China will move by 1½ months, while EB-3 China will remain the same at June 1, 2015. This means that EB-3 China will be ahead of EB-2 China by just 2 weeks. Based on demand data, EB-2 China should continue to see forward movement, while EB-3 China remains the same. Because of the continual advancement of EB-2 China, it is possible that EB-2 China can surpass EB-3 China.

 

India’s EB-2 and EB-3 Movements - For EB-2 India and EB-3 India, there will be no advancement in November. If there are to be a movement for EB-2 India in December, it will be no more than just a week. In December, EB-3 India should see a substantial forward surge of a few weeks to even months. The substantial rapid advancement of EB-3  India over the past year couple with current demand projections suggest that EB-3 India can surpass EB-2 India this fiscal year.

 

EB-3 Philippines and Other Workers Philippines - For EB-3 Philippines and Other Workers Philippines, there will be a forward movement of one week to June 8, 2017. There should be a little movement for the rest of the first quarter of the FY2018. The slowdown in advancement is because of increased demand caused by substantial advances that occurred over the past fiscal year.

 

EB-4 - EB-4 El Salvador, Guatemala, and Honduras final actions dates will remain the same at February 15, 2016 in November because of potential demand. FB-4 Mexico, on the other hand, will advance steadily until the country's limit is reached. From there, FB-4 Mexico and EB-4 El Salvador, Guatemala and Honduras will have the same final action dates.

 

EB-5 (Regional Center and Non-Regional Center) - For China, EB-5 final action date should be the same in November at August 15, 2014. EB-5 Vietnam should advance until the country's limit is reached. From there, the final action date for EB-5 Vietnam will follow that of EB-5 China. This is based on Charlie Oppenheim’s predictions for November. 

 

Summary of Family-Based Preference Categories

For family-sponsored preference petitions, the dates for filing will be used as the cut-off dates for November 2018.

 

FB-1 Category - For India and China (mainland-born), the cutoff dates (which are the dates for filing) are March 8, 2012. While for the Philippines, the cutoff date is February 15, 2008. For Mexico, the cutoff date is October 8, 1998. Finally, for all other chargeability areas, the cutoff date is March 8, 2012.

 

FB-2A Category - For all foreign nationals applying for permanent residence under the FB-2A category, the cutoff date is December 1, 2017.

 

FB-2B Category - For India and China (mainland-born), the cutoff date is March 22, 2014. For the Philippines, the cutoff date is December 15, 2007. For Mexico, the cutoff date is June 22, 1997. While for all other chargeability areas, the cutoff date is March 22, 2014.

 

FB-3 Category - For India and China (mainland-born), the cutoff date is January 8, 2017. For the Philippines, the cutoff date is June 1, 1997. While for Mexico, the cutoff date is December 22, 1998. Finally, for all other chargeability areas, the cutoff date is January 8, 2017.

 

Final Action Dates Front

On the final action date front, there is movement. This is based on the predictions of Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State. All the final action dates for family-based petitions advanced apart from FB-1 Mexico and FB-3 Mexico - both will remain on August 1, 1997, and December 22, 1995, respectively. Also, demand for FB-3 India is high, and as reported by Charlie Oppenheim, there has been this much consistent demand in the FB-3 category for any other country.

 

EB Preference Cases - Dates for Filing, November 2018

For November 2018, there are no changes.

EB-1 Category

 

  • India - October 1, 2017 

 

  • China ( Mainland-born) - October 1,2017

 

  • All other chargeability areas including Honduras, Guatemala, El Salvador, Mexico, and the Philippines - June 1, 2018  

 

EB-2 Category

 

  • India - May 22, 2009  

 

  • China (mainland-born) - June 15, 2015  

 

  • All other chargeability areas including Honduras, Guatemala, El Salvador, Mexico, and the Philippines - Current

 

EB-3 Category

 

 

  • India - October 1, 2009 

 

  • China (mainland-born) - August 8, 2015

 

  • Philippines -  July 1, 2017

 

  • All other chargeability areas including Honduras, Guatemala, El Salvador, and Mexico - Current

 

 

EB-3 (Other Workers)

 

  • India - October 1, 2009

 

  • China (mainland-born) -  June 1, 2008

 

  • Philippines - July 1, 2017

 

  • All other chargeability areas including Honduras, Guatemala, El Salvador, and Mexico -  Current

 

 

EB-4 Category including Certain Religious Workers

 

  • India - Current

 

  • China (mainland-born) - Current 

 

  • Honduras, Guatemala, and El Salvador -  May 1, 2016 

 

  • All other chargeability areas including the Philippines and Mexico - Current

 

 

EB-5 Category including both Non-Regional Center (C5 and T5) and 5th Regional Center (I5 and R5)

 

  • India - Current 

 

  • China (mainland-born) -  October 1, 2014

 

  • All other chargeability areas including Honduras, Guatemala, El Salvador, Mexico, and the Philippines - Current

 

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

Just as in October, for November the USCIS will honour dates for filing. Also, for November 2018, there are no changes.

 

FB-1 Category

 

  • India - March 8, 2012

 

  • China (mainland born) - March 8, 2012

 

  • Philippines - February 15, 2008

 

  • Mexico - October 8, 1998

 

  • All other chargeability areas - March 8, 2012

 

 

FB-2A Category

 

  • All foreign nationals - December 1, 2017 

 

 

FB-2B Category

 

  • India - March 22, 2014

 

  • China (mainland born) - March 22, 2014

 

  • The Philippines - December 15, 2007

 

  • Mexico - June 22, 1997

 

  • All other chargeability areas - March 22, 2014 

 

 

FB-3 Category

 

  • India - January 8, 20017

 

  • China (mainland-born) - January 8, 20017

 

  • Philippines - June 1, 1997

 

  • Mexico - December 22, 1998

 

  • All other chargeability areas - January 8, 20017

 

 

FB-4 Category

 

  • India - January 1, 2005

 

  • China (mainland born) - June 1, 2005

 

  • Philippines - April 8, 1996 ​

​​

 

  • Mexico - June 22, 1998

​​

 

  • All other chargeability areas - June 1, 2005 

 

 

Sources

1. USCIS. (2018). When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: November 2018. Retrieved October 20, 2018, 

 

2. USCIS. (2018). Adjustment of Status Filing Charts from the Visa Bulletin. Retrieved October 20, 2018 

 

3.AILA. (2018). Check-in with DOS’s Charlie Oppenheim - AILA Doc. No. 14071401.

 

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