August 2016 Visa Bulletin: Retrogression for EB-1 India and China and EB-2 Worldwide

India, China, Thailand on the globeAccording to the Department of State’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 Jan. 1, 2010, while cutoff dates for EB-2 worldwide have been set at Feb. 1, 2014. According to the Department of State, 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 Nov. 15, 2004, while the final action cutoff date for EB-2 China will remain unchanged, at Jan. 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 Nov. 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 Jan. 1, 2010 and other workers holding steady at Jan. 1, 2004.

The final cutoff dates for EB-5 China, in both the regional and non-regional center programs, will also remain unchanged at Feb. 15, 2014.

There will 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 Jan. 1, 2013. In the coming days, USCIS is expected to announce its own Visa Bulletin webpage regarding 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.

If you have questions on the visa bulletin or other U.S. immigration questions, please contact our office to schedule a consultation with one of our attorneys today!

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