October 2018 Visa Bulletin – First Visa Bulletin for Fiscal Year, Many Categories Advance Significantly; EB-1 Cutoff Date Remains

The U.S. State Department has just released the October 2018 Visa Bulletin which is the first Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin headline is the fact that many categories are current again, with the notable exception of EB-1.   EB-2/EB-3 India and EB-2 China recover to their pre-retrogression levels while EB-3 China advances notably.

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

EB Category Oct 2018 Sep 2018 Change
Employment Application Final Action Dates (determines when an I-485 or IV can be approved)
EB-1 ROW, MX, PH Apr 1, 2017 Jun 1, 2016 Forward by 10 months
EB-1 India Jun 1, 2016 Jan 1, 2012 Forward by 4.5 years
EB-1 China Jun 1, 2016 Jan 1, 2012 Forward by 4.5 years
EB-2 ROW, MX, PH Current Jan 1, 2013 Back to current
EB-2 India Mar 26, 2009 Jan 1, 2007 Forward by 27 months
EB-2 China Apr 1, 2015 Jan 1, 2013 Forward by 27 months
EB-3 ROW Current Nov 1, 2016 Back to current
EB-3 India Jan 1, 2009 Jan 1, 2003 Forward by 6 years
EB-3 China Jun 1, 2015 Nov 1, 2014 Forward by 6 months
EB-3 Mexico Current Nov 1, 2016 Back to current
EB-3 Philippines Current Nov 1, 2016 Back to current
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 ROW, MX, PH Jun 1, 2018 Current Cutoff date introduced
EB-1 India/China Oct 1, 2017 Current Cutoff date introduced
EB-2 ROW, MX, PH Current Current No change
EB-2 India May 22, 2009 May 22, 2009 No change
EB-2 China Jun 15, 2015 Apr 1, 2015 Forward by 2.5 months
EB-3 ROW Current Current No change
EB-3 India Oct 1, 2009 May 1, 2009 Forward by 5 months
EB-3 China Aug 8, 2015 Jan 1, 2016 Back by 4 months
EB-3 Mexico Current Current No change
EB-3 Philippines Jul 1, 2017 Jul 1, 2017 No change

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 October 2018 Visa Bulletin – Family-Based (FB)

FB Category Oct 2018 Sep 2018 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Jun 1, 2011 Apr 8, 2011 Forward by 2 months
FB-1 Mexico Aug 1, 1997 Aug 1, 1997 No change
FB-1 Philippines Dec 22, 2006 Nov 15, 2006 Forward by 3 weeks
FB-2A ROW, China, India, Philippines Aug 22, 2016 Jul 22, 2016 Forward by 1 month
FB-2A Mexico Aug 1, 2016 Jul 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 Mar 8, 2012 Mar 8, 2012 No change
FB-1 Mexico Oct 8, 1998 Sep 1, 1998 Forward by 5 weeks
FB-1 Philippines Feb 15, 2008 Feb 15, 2008 No change
FB-2A ROW, China, India, Philippines Dec 1, 2017 Dec 1, 2017 No change
FB-2A Mexico Dec 1, 2017 Dec 1, 2017 No change

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.

October 2018 Visa Bulletin + New Fiscal Year = Advanced Cutoff Dates for Many

As expected, the October 2018 Visa Bulletin advances many of the cutoff dates which were either retrogressed or had a cutoff date introduced over the previous few months.   As the new fiscal year begins on October 1, the government has the entire new fiscal year’s supply of immigrant visas and, as we expected, the cutoff dates have advance notably for many categories in the October 2018 Visa Bulletin.    Specifically, EB-2 and EB-3 India advance significantly and recover to their pre-retrogression state.   Similarly,  EB-2 and EB-3 ROW are now current again.

EB-1 Cutoff Dates Expected Until December 2018

As we anticipated for the first month of the new fiscal year, the cutoff dates for the EB-1 (all countries) advanced but did not return to their “current” state.     Our expectation is that EB-1 cutoff dates are expected to continue until (likely) December with very limited (if any) forward movement expected until December 2018.

Visa Bulletin Predictions – Employment-Based

We include the expectations for movement of visa numbers over the next few months.   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.

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.

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.

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 October 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.

By | Last Updated: September 12th, 2018| Categories: News|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

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.