November 2018 Visa Bulletin – No Forward Movement for EB India and Most of EB China

The U.S. State Department has just released the November 2018 Visa Bulletin which is the second Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin headline is the lack of any movement in many categories, including EB-1 India/China, EB-2 India and EB-3 India/China.

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

EB Category Nov 2018 Oct 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 Apr 1, 2017 No change
EB-1 India Jun 1, 2016 Jun 1, 2016 No change
EB-1 China Jun 1, 2016 Jun 1, 2016 No change
EB-2 ROW, MX, PH Current Current No change
EB-2 India Mar 26, 2009 Mar 26, 2009 No change
EB-2 China May 15, 2015 Apr 1, 2015 Forward by 6 weeks
EB-3 ROW Current Current No change
EB-3 India Jan 1, 2009 Jan 1, 2009 No change
EB-3 China Jun 1, 2015 Jun 1, 2015 No change
EB-3 Mexico Current Current No change
EB-3 Philippines Jun 8, 2017 Jun 1, 2017 Forward by 1 week
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 Jun 1, 2018 No change
EB-1 India/China Oct 1, 2017 Oct 1, 2017 No change
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 Jun 15, 2015 No change
EB-3 ROW Current Current No change
EB-3 India Oct 1, 2009 Oct 1, 2009 No change
EB-3 China Aug 8, 2015 Aug 8, 2015 No change
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 November 2018 Visa Bulletin – Family-Based (FB)

FB Category Nov 2018 Oct 2018 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Jun 22, 2011 Jun 1, 2011 Forward by 3 weeks
FB-1 Mexico Aug 1, 1997 Aug 1, 1997 No change
FB-1 Philippines Feb 1, 2007 Dec 22, 2006 Forward by 5 weeks
FB-2A ROW, China, India, Philippines Sep 15, 2016 Aug 22, 2016 Forward by 3 weeks
FB-2A Mexico Sep 1, 2016 Aug 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 Oct 8, 1998 No change
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.

EB-1 India and China Not Expected to be Current Soon

As we had indicated in our recent article, EB-1 India and China are, unfortunately, not expected to advance over the next several months and even if some forward movement may be observed in early 2019, according to the State Department, it is possible that EB-1 India and China may not be “Current” at all for the fiscal year (until September 2019).

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 November 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: October 11th, 2018| Categories: AOS, Articles, News, News Alert, Visa Bulletin|

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.