Visa Bulletin August 2017

The August 2017 Visa Bulletin is now in effect and with this month's visa bulletin we see retrogression in the EB-2 category for all countries, and continued backlogs in the EB-1 category for both India and China.  The Visa Bulletin is a publication from the U.S. Department of State, released monthly, that informs beneficiaries of employment-based and family-based immigrant petitions when they are eligible to undertake consular processing for immigrant visas or apply for adjustment of status in the United States for securing their lawful permanent resident ("green card") status.  In many categories and for several populous countries, there can be backlogs and years of waiting for a green card to become available.  Typically, the EB-1 category (available for Aliens of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Managers) is current all year round - meaning if a foreign national meets that criteria, he or she may file their green card application concurrently with the EB-1 petition.  Similarly, the EB-2 category for persons with advanced degrees or filing under the National Interest Waiver category is current for foreign national from most countries (China and India are notable exceptions) all year round.

With the July Visa Bulletin, the EB-1 category became backlogged for persons from India and China and that trend now extends to the EB-2 category for all other countries effective August 1, 2017.  Since the U.S. government runs on a fiscal year that begins October 1, most observers expect these categories will again become current this fall.  This trend, however, shows us that these categories are highly sought-after throughout the year and applicants would be wise to file as early in the fiscal year as possible, as waiting until the summer months brings with it a risk for backlogs and unavailability of green cards until the next fiscal year.

If you have questions concerning immigrant visa availability and the potential effects on your case, please contact the attorneys at Iandoli Desai & Cronin at info@iandoli.com.

DOS releases June 2017 Visa Bulletin - EB-1 retrogression for China & India

As of June 1, 2017, foreign nationals from India and China filing in the EB-1 category may be temporarily unable to submit their I-485 Adjustment of Status applications concurrently with their I-140 employment-based immigrant visa applications. The EB-1 category is an employment-based category for priority workers that includes: 

• Aliens of Extraordinary Ability;
• Outstanding Professors and Researchers; and,
• Multinational Managers and Executives. 

According to the U.S. Department of State's ("DOS") June 2017 Visa Bulletin, the Final Action Chart shows the priority date for Indian and Chinese nationals has retrogressed to January 1, 2012. However, the Dates of Filing Chart lists those two countries (as well as all others in the EB-1 category) as "current." As of May 10, 2017, USCIS has not indicated which chart it will use for determining eligibility for filing adjustment of status applications. Based on past practice, USCIS will likely use the Final Action Chart. This means that as of June 1, 2017, Indian and Chinese nationals with priority dates earlier than January 1, 2012 will be eligible to submit their green card applications, and those with later priority dates will have to wait until immigrant visas become available in the coming months.  It may not be until October (when the U.S. government's new fiscal year begins) that the EB-1 category becomes current again for India and China.

Charles Oppenheimer, Chief of the Visa Control and Reporting Division with DOS, had previously stated EB-1 and EB-2 Worldwide demand at USCIS had increased dramatically, and had predicted a final action cut-off date would be imposed for EB-1 China and India no later than July. The EB-1 category remained current for nationals of all countries except India and China. If you have questions about the visa bulletin or eligibility for filing for adjustment of status, please contact the attorneys at Iandoli Desai & Cronin at info@iandoli.com.