Published on November 2, 2018
Other than significant movement for EB-2 China, the November Visa Bulletin remains largely consistent with the October Visa Bulletin. Continuing USCIS’s announcement in October, the Service is accepting I-485 adjustment of status applications based on filing dates. However, the application’s priority date must be current at the time of the examination before USCIS will make a determination on the petition application.
EB-1 Worldwide, China, and India remains consistently backlogged as of the August Visa Bulletin. The November priority date for EB-1 Worldwide is June 1, 2018 with EB-1 China and EB-1 India having a priority date of October 1, 2017. There might be some forward movement in December; though the Department of State’s Charlie Oppenheim indicates it is highly unlikely the category will become current any time soon.
EB-2 China has a current priority date of May 15, 2015, over a month of forward movement from the October Visa Bulletin. Predictions suggest that EB-2 China will move forward in future months. Conversely, EB-2 India has significant demand and limited movement with a priority date of May 22, 2009. All other EB-2 categories are current.
EB-3 China remains steady due to significant demand, with a priority date of August 8, 2015. There is the possibility of EB-2 China surpassing EB-3 China. Conversely, EB-3 India applicants should see advancements due to lighter than usual demand, with the current priority date as May 22, 2009. EB-3 Philippines has a priority date of July 1, 2017. All other EB-3 categories are current.
The Service will adjudicate EB-5 China petitions with a priority date of October 1, 2014 or earlier. EB-5 Vietnam is also seeing a growing number of petitions and if it reaches the per country limit, the priority dates will likely track the EB-5 priority date for China. All other EB-5 categories are current.
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This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.