In the July 2019 Visa Bulletin (VB), the EB-1 category remains retrogressed for all countries, with India retrogressing further due to demand. The EB-2 and EB-3 categories continue to be current for all countries except for India and China. In the EB-5 category, India now joins China and Vietnam in being retrogressed, although both the regional center and non-regional center EB-5 categories are current for all other countries.
This month’s VB highlights are as follows:
EB-1: All countries remain retrogressed. China has a final action date of May 17, 2017, whereas India’s final action date remains retrogressed further to January 1, 2015. All other countries have a final action date of April 22, 2018 and may retrogress in the September 2019 VB to address current demands. India is expected to match China’s current final action date in the October 2019 VB, which is the start of the new fiscal year. However, very little movement is expected for all countries in this category.
EB-2: All countries (apart from India and China) are current but may retrogress in the September 2019 VB given demands. Other than India and China, all countries are expected to return to being current in the October 2019 VB. China and India continue to be the exceptions in that both countries have final action dates that have experienced very little movement since last month’s VB, and neither country is anticipated to experience meaningful movement for the next few months.
EB-3: Similarly, all countries (apart from India and China) are current but may retrogress in the September 2019 VB given demands. Also like the EB-2 category, other than India and China, all countries are expected to return to being current in the October 2019 VB. China is anticipated to advance only a few months, whereas India is not anticipated to experience much if any movement in the coming months. The final action date for India in this category is barely ahead of the India EB-2 final action date.
EB-5: For the first time, India has retrogressed and currently has a final action date as opposed to being current. Further, the final action date for both India and Vietnam will retrogress further to match China’s final action date in the August 2019 VB & September 2019 VB. While the final action date for India is expected advance to a date in mid to late 2017 in the October 2019 VB, no meaningful movement is expected for either China or Vietnam. Apart from India, China and Vietnam, the regional center final action dates for all countries have returned to being current pursuant to the Consolidated Appropriations Act, 2019 (H.J.Res.31) which authorized the regional center program through to September 30, 2019.
General Notes on Final Action Dates: The final action or cutoff date is effectively one’s place in line to immigrate based on the individual’s priority date. Individuals with priority dates earlier than the listed cut-off date on the VB are eligible to submit applications for adjustment of status (or consular visa applications) or if their applications are already pending may have their cases adjudicated. If one’s priority date is not “current”, neither agency may accept the case for processing nor adjudicate a pending case because the “visa is not available” if the final action dates is not “current.” The priority date is established a number of ways:
- PERM: The date on which the application is filed with the Department of Labor, provided that the PERM is approved and an I-140 is then filed and approved based on the PERM.
- EB1 & EB2 (NIW, Schedule A): The date on which the I-140 is filed with the USCIS, provided that the petition is approved.
- EB-5: The date on which the Form I-526, Immigrant Petition by Alien Entrepreneur is received by USCIS, provided that the petition is approved.
- Family-based immigration cases: The date on which the I-130 is filed with the USCIS, provided that the petition is approved.
Note that DOS looks at one’s country of birth in determining whether one is a national of a given country, not the country of citizenship. It is country of birth (principal alien or his/her spouse) that determines the country of chargeability to be “counted” against for purposes of permanent residency. Counting against the country of birth of one’s spouse is called “cross-chargeability.”
For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page.
