• October 2016 Visa Bulletin: EB-1 India and China, EB-2 Worldwide Become Current Again; Significant Advancements for EB-2 India and China, EB-3 China
  • October 4, 2016
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • According to the State Department’s October Visa Bulletin, immigrant visa availability in the EB-1 category will once again become current for China and India after several months of unprecedented backlogs. In the EB-2 category, cutoffs for final action will advance by two years and six weeks for China, to February 15, 2012, and 23 months for India, to January 15, 2007; EB-2 will once again become current for all other countries. EB-3 China for professional and skilled workers will advance by three years and three weeks, to January 22, 2013, with modest advancements for all other countries.

    The EB-5 Regional Center program is set to expire on September 30, 2016 and thus will be unavailable in October unless it is reauthorized by Congress. For the EB-5 non-Regional Center program, the cutoff date for China will advance by one week to February 22, 2014, while all other countries remain current.

    There will be some retrogression in cutoff dates for eligibility to file an application for permanent residence for many backlogged employment categories.

    IMMIGRANT VISA AVAILABILITY IN THE COMING MONTHS

    The State Department projects that employment-based immigrant visa availability will advance for many categories and countries in the coming months.

    EB-2 is expected to advance by up to three months per month for China and four months per month for India, and should remain current for all other countries.

    EB-3 is expected to advance by up to three months per month for China, and up to one week per month for India. For all other countries, EB-3 demand is expected to be high, which could limit advancement in cutoff dates.

    The EB-5 non-Regional Center category is expected to remain current for most countries, while slow movement is expected for China.

    FINAL ACTION CUT-OFF DATES FOR OCTOBER 2016

    EB-1
    Current for all countries.

    EB-2
    China: February 15, 2012
    India: January 15, 2007
    All other countries: Current

    EB-3 Professionals and Skilled Workers
    China: January 22, 2013
    India: March 1, 2005
    Philippines: December 1, 2010
    All other countries: June 1, 2016

    EB-3 Other Workers
    China: January 1, 2005
    India: March 1, 2005
    Philippines: December 1, 2010
    All other countries: June 1, 2016

    EB-5 Non-Regional Center
    China: February 22, 2014
    Current for all other countries.

    EB-5 Regional Center
    Unavailable.

    FILING ELIGIBILITY CUT-OFF DATES FOR OCTOBER 2016

    EB-1
    Current for all countries.

    EB-2
    China: March 1, 2013
    India: April 22, 2009
    All other countries: Current

    EB-3 Professionals and Skilled Workers
    China: May 1, 2014
    India: July 1, 2005
    Philippines: September 1, 2013
    All other countries: Current

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

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