June 2019 Visa Bulletin – EB-1 India Retrogression; Slow Movement Elsewhere

The U.S. State Department has just released the June 2019 Visa Bulletin which is the ninth Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin is significant retrogression in EB-1 India and the extremely slow forward movement in almost all employment-based categories.   EB-1 China remains unchanged and EB-3 India remains more advanced than EB-2 India with continuing favorable downgrade options for some.   

Summary of the June 2019 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 June 2019 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.

The EB-3 India Filing Dates Continue to be More Advanced than EB-2 India – Opportunity for Downgrading (Even Though EB-3 India Filing Dates Forward Movement Stops)

Unfortunately, the EB-3 India Filing Dates forward movement has stopped (for fourth month in a row) and the date remains unchanged in the June 2019 Visa Bulletin compared to the prior month.   However, EB-3 India remains more advanced and favorable than EB-2 India.    For example, under the “Final Action”, EB-2 India is at April 19, 2009 while the cutoff date for EB-3 India is over two months later, at July 1, 2009.    Notably,  and especially for purposes of I-485 filings and assuming USCIS will accept the “Filing Dates” for I-485 filings, under the “Dates for Filing” category, EB-2 India is at June 1, 2009  while EB-3 India is at April 1, 2010 (unchanged from last month) which is a more favorable date for EB-3 India than it is for EB-2 India.

We have put together a guide on understanding the EB-2 to EB-3 downgrading process, including who may benefit from it and how to go about the process.    We invite you to review our guide and also to contact us if we can be of any help.

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

In our last month’s alert, we indicated that there is a good possibility that EB-1 India will retrogress – which is what has happened this month:  EB-1 India has moved back from February 22, 2017 to January 1, 2015.    This is a sign that there are sufficient number of EB-1 India petitions waiting for a visa number and this is an indication that the EB-1 India dates are not likely to move forward (by much) until the end of the fiscal year on September 30th.

We urge EB-1 India applicants who have not filed I-485 adjustment of status but are willing and eligible to do so with a priority date between February 22, 2017 and January 1, 2015 to consider taking steps before the retrogression takes effect on June 1st.

EB-1 China is, similarly, not expected to advance by much 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 China will 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 June 2019 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.