August 2018 Visa Bulletin – EB-1 ROW Cutoff Date; EB-3 China Advances Significantly; No Movement for EB-2/3 India

The U.S. State Department has just released the August 2018 Visa Bulletin which is the eleventh Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the cutoff date introduction to EB-1 ROW, the notable forward movement in EB-3 China and the lack of movement in EB-2/3 India.

Summary of the August 2018 Visa Bulletin – Employment-Based (EB)

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 August 2018 Visa Bulletin – Family-Based (FB)

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.

EB-1 ROW Cutoff Date Introduced

One of the major changes in the August 2018 Visa Bulletin is the introduction of a cutoff date for EB-1 ROW applications – to May 1, 2016.    EB-1 ROW joins the other EB-1 categories which already had a cutoff date introduced earlier in the year.   According to the Department of State,

WORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES EMPLOYMENT-BASED FIRST (E1) PREFERENCE:  As readers were advised in item F of the July Visa Bulletin, there continues to be an extremely high rate of demand for E1 numbers, primarily for USCIS adjustment of status applicants. Therefore, pursuant to the Immigration and Nationality Act, it has been necessary to impose an E1 Final Action Date for the month of August, with this date being imposed immediately. This action will allow the Department to hold worldwide number use within the maximum allowed under the FY-2018 annual limits.   (emphasis added)

The Visa Bulletin indicates that the cutoff date is being imposed “immediately” which suggests that the Department of State would not authorize any additional visa numbers (green card approvals) for EB-1 ROW I-485 adjustment of status cases which have a priority date later than May 1, 2016.

It is expected, however, that the EB-1 cutoff dates will go back to “current” after October 1, 2018.

EB-3 China Claws Back Some of the July 2018 Retrogression

It should be noted that EB-3 China has advanced significantly in the August 2018 Visa Bulletin following the 2.5-year retrogression during July 2018.     As a result, EB-3 China is now again more advanced than EB-2 China which reopens the possibility of EB-2 to EB-3 China downgrades in order to take advantage of the more favorable EB-3 China priority date.

Increase in Employment Filings Means Anticipated Cutoff and/or Retrogression

The State Department also cautions that over the recent weeks they have seen reports of an increase in the number of I-485 filings which, if continues, would mean that there is an expected retrogression or cutoff dates introduced among some employment categories.    This increase has resulted in the EB-1 ROW cutoff date introduction and it is possible for a similar cutoff date to be introduced for EB-2 and EB-3 ROW applicants.

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 August 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.