• Retrogression for EB-1 India and China and EB-2 Worldwide
  • August 3, 2016
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • According to the State Department’s August Visa Bulletin, cutoff dates for final issuance of an immigrant visa will be imposed for EB-1 India and China and for EB-2 Worldwide, as projected last month.  The cutoff dates for EB-1 India and China have been set at January 1, 2010, while the cutoff dates for EB-2 Worldwide have been set at February 1, 2014.  According to the State Department, it was necessary to implement this retrogression given the high demand for classification in these categories.  It anticipates that these categories will be current again in October, the first month of fiscal year 2017.  

    India and China will not be subject to the new EB-2 Worldwide cutoff dates.  Instead, the final action cutoff date for EB-2 India will advance by two weeks, to November 15, 2004, while the final action cutoff date for EB-2 China, will remain unchanged, at January 1, 2010.  

    In the EB-3 category, final action cutoff dates for professionals, skilled workers and other workers will advance by two weeks for India, to November 8, 2004, by three months for the Philippines, to May 15, 2009, and by two weeks for all other countries except China, to March 15, 2016.  There will be no forward movement in the final action cutoff dates for China, with professionals and skilled workers holding steady at January 1, 2010 and other workers holding steady at January 1, 2004.  

    The final action cutoff dates for EB-5 China, in both the Regional and non-Regional Center programs, will also remain unchanged at February 15, 2014.

    There will also be no advancement in cutoff dates for eligibility to file an application for permanent residence in all backlogged categories, with the exception of EB-3 Philippines, which will advance by three years, to January 1, 2013.  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 August.

    FINAL ACTION CUT-OFF DATES FOR AUGUST 2016


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

    EB-2
    China: January 1, 2010
    India: November 15, 2004
    All other countries: February 1, 2014

    EB-3 Professionals and Skilled Workers
    China:  January 1, 2010
    India: November 8, 2004
    Philippines: May 15, 2009
    All other countries: March 15, 2016

    EB-3 Other Workers
    China: January 1, 2004
    India: November 8, 2004
    Philippines: May 15, 2009
    All other countries: March 15, 2016

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

    FILING ELIGIBILITY CUT-OFF DATES FOR AUGUST 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, 2013
    All other countries: Current

    EB-3 Other Workers
    China: August 1, 2009
    India: July 1, 2005
    Philippines: January 1, 2013
    All other countries: Current

    EB-5
    China: May 1, 2015
    Current for all other countries and subcategories.