September 2018 Visa Bulletin – EB-2 and EB-3 ROW Cutoff Date Introduced; EB-2/3 India Further Retrogression

The U.S. State Department has just released the September 2018 Visa Bulletin which is the last Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the cutoff date introduction to EB-2 and EB-3 ROW and the notable retrogression for EB-2/EB-3 India.

Summary of the September 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 September 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-2 and EB-3 ROW Cutoff Dates Introduced

Among the major points in the September 2018 Visa Bulletin is the introduction of a cutoff date for EB-2 and EB-3 applications from applicants from “Rest of World” or (ROW) countries.   Specifically, as of September 1, 2018, EB-2 ROW goes from being “current” to having a cutoff date of January 1, 2013.    Similarly, EB-3 ROW goes from being “current” to having a cutoff date of November 1, 2016.

This means that EB-2 or EB-3 ROW applicants who have priority dates earlier than the cutoff dates will not be able to file new I-485 applications or secure approvals of existing applications until the priority date is current again. It is expected, however, that the EB-2 and EB-3 ROW cutoff dates will go back to “current” after October 1, 2018.

EB-2 and EB-3 India Additional Retrogression

Another notable development is the additional retrogression for EB-2 and EB-3 India.    EB-2 India moves back by over two years to January 1, 2007 while EB-3 India moves back to January, 2003 for the last month of the fiscal year.    This is a result of the government running out of available visa numbers for the rest of the fiscal year (September 30, 2018).    It is expected that the cutoff dates will advance once the new fiscal year begins with the October 2018 Visa Bulletin.

Cutoff Dates and Retrogression Require I-485 Filing in August or Waiting Until October

The introduction of cutoff dates for some major categories such as EB-2 and EB-3 ROW means that applicants who are eligible to file I-485 applications but have not done so should consider preparing and submitting their I-485 applications as soon as possible and before the September 2018 Visa Bulletin becomes effective on September 1.

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.

Visa Bulletin Predictions – Employment-Based

The September 2018 Visa Bulletin provides some predictions and expectations for movement of visa numbers over the next few months (and after October 1 when the new fiscal year would begin).   Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-1 All.   Cutoff date expected to continue until (likely) December – very limited (if any) forward movement expected until December 2018.

EB-2 Rest of World (ROW).  Expected to remain current (after October 2018).

EB-2 India.  Expected to advance by up to two weeks per month.

EB-2 China. “Slow” forward movement expected depending on rate of filings from recent forward movement.

EB-3 Rest of World (ROW).  Expected to remain current (after October 2018).

EB-3 India.  “Slow” forward movement expected depending on rate of filings from recent forward movement.

EB-3 China.  Expected to advance by up to 5 weeks per month.

EB-3 Mexico.  Expected to match the EB-3 ROW level (stay current).

EB-3 Philippines.  “Minimal” forward movement expected.

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 September 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.