• Significant Retrogression for EB-2 China and India, EB-3 China
  • July 20, 2016
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • 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.