March 2018 Visa Bulletin – Continued Very Slow Forward Movement Across Most Categories
The U.S. State Department has just released the March 2018 Visa Bulletin which is the sixth Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the continued very slow forward movement in EB-2/3 India. EB-3 China advances but appears to slow down compared to recent months.
Summary of the March 2018 Visa Bulletin – Employment-Based (EB)
EB Category | Mar 2018 | Feb 2018 | Change |
---|---|---|---|
Employment Application Final Action Dates (determines when an I-485 or IV can be approved) | |||
EB-1 ROW, MX, PH | Current | Current | No change |
EB-1 India | Current | Current | No change |
EB-1 China | Current | Current | No change |
EB-2 ROW, MX, PH | Current | Current | No change |
EB-2 India | Dec 8, 2008 | Dec 15, 2008 | Forward by 1 week |
EB-2 China | Dec 8, 2013 | Oct 1, 2013 | Forward by 2 months |
EB-3 ROW | Current | Current | No change |
EB-3 India | Jan 1, 2007 | Dec 1, 2006 | Forward by 1 month |
EB-3 China | Nov 15, 2014 | Sep 15, 2014 | Forward by 2 months |
EB-3 Mexico | Current | Current | No change |
EB-3 Philippines | May 1, 2016 | Mar 1, 2016 | Forward by 2 months |
Dates for Filing Employment Visa Applications (determines when an I-485 can be filed) | |||
USCIS will determine and announce within a week – please check USCIS’s site. | |||
EB-1 | Current | Current | No change |
EB-2 ROW, MX, PH | Current | Current | No change |
EB-2 India | Feb 8, 2009 | Feb 8, 2009 | No change |
EB-2 China | Feb 1, 2015 | Nov 15, 2014 | Forward by 2.5 months |
EB-3 ROW | Current | Current | No change |
EB-3 India | Jan 1, 2008 | Jan 1, 2008 | No change |
EB-3 China | Jan 1, 2016 | Jan 1, 2016 | No change |
EB-3 Mexico | Current | Current | No change |
EB-3 Philippines | Oct 1, 2016 | Aug 1, 2016 | Forward by 2 months |
Please note that USCIS will determine, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates. Please see the section below.
Summary of the March 2018 Visa Bulletin – Family-Based (FB)
FB Category | Mar 2018 | Feb 2018 | Change |
---|---|---|---|
Family Application Final Action Dates (determines when an I-485 or IV can be approved) | |||
FB-1 ROW, China, India | Mar 22, 2011 | Mar 15, 2011 | Forward by 1 week |
FB-1 Mexico | Jul 22, 1996 | Jul 1, 1996 | Forward by 3 weeks |
FB-1 Philippines | Oct 15, 2005 | Aug 1, 2005 | Forward by 2.5 months |
FB-2A ROW, China, India, Philippines | Mar 22, 2016 | Mar 1, 2016 | Forward by 3 weeks |
FB-2A Mexico | Mar 1, 2016 | Feb 1, 2016 | Forward by 1 month |
Dates for Filing Family Visa Applications (determines when an I-485 can be filed) | |||
USCIS will determine and announce within a week – please check USCIS’s site. | |||
FB-1 ROW, China, India | Jan 1, 2012 | Jan 1, 2012 | No change |
FB-1 Mexico | Sep 8, 1997 | Nov 1, 1996 | Forward by 1 year |
FB-1 Philippines | Oct 1, 2007 | Oct 1, 2007 | No change |
FB-2A ROW, China, India, Philippines | May 1, 2017 | Nov 1, 2016 | Forward by 6 months |
FB-2A Mexico | May 1, 2017 | Nov 1, 2016 | Forward by 6 months |
Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.
Final Action Dates for EB-3 China Ahead of EB-2 China – Continuing Favorable Conditions for Downgrading
Clients and readers who are interested in EB China will note that EB-3 China has (again) a more favorable cutoff date than EB-2 China by about 11 months (EB-3 China is at November 15, 2014 while EB-2 China is at December 8, 2013).
Here’s how this can work: an EB-2 China applicant can seek to “downgrade” their preference category, while retaining their priority date, in order to have a current priority date under the EB-3 category and to be able to file their I-485 application. As a background, many EB-2 PERM Labor Certifications are drafted in a way allowing the subsequent filing of an EB-3 I-140 petition on the basis of the same PERM — thereby retaining the priority date under the EB-3 category. It is possible to use a PERM which has already expired if it has been used in support of a previous I-140 and in many cases it is even possible to file a new EB-3 I-140 filing under premium processing. As a result, if the premium processing request is accepted, it may be possible to obtain an approved downgraded and current EB-3 I-140- within a few weeks, and then promptly seek to file I-485 adjustment of status which provides additional benefits such as independent work authorization (for family members too) plus AC21 job portability after 180 days.
We caution our clients and readers, especially the China employment-based applicants, that the historic average time for an EB-3 China priority date to become current and for a green card under this category to be approved is still higher than the historic average wait time under EB-2. As a result, even if it is possible that an EB-3 “downgrade” may allow the I-485 filing, we still believe that ultimately, an EB-2 China application may still take slightly less time to approve. However, for many applicants, the benefit of early I-485 filing may be worth it to go through the EB-3 “downgrade” process.
Our office is happy to consult applicants who are in this situation and are considering filing under EB-3 to take advantage of the more advanced EB-3 China cutoff dates. Please contact us if we can help.
Current Date?
Our office stands ready to assist in the applicable process to take advantage of the significant restructuring in the way the cutoff dates are determined and published. There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.
Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.
Further Updates and News
We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the March 2018 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.
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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration. Disclaimer: we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts. It is not to be construed as legal advice.