August 2019 Visa Bulletin – Cutoff Dates for EB-2 and EB-3 ROW; Additional Retrogression for EB-1

The U.S. State Department has just released the August 2019 Visa Bulletin which is the eleventh Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin is the introduction of a cutoff date for many categories, including EB-2 and EB-3 Rest of World, combined with the significant retrogression in EB-1.

Summary of the August 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 August 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.

Cutoff Date Introduction and Retrogression for Many Employment-Based Applications

As we indicated in our July 2019 Visa Bulletin alert, the Department of State warned that they may introduce a cutoff date for many employment-based cases and this is indeed the case in the August 2019 Visa Bulletin.

Many categories, including EB-2 and EB-3 Rest of World now have a cutoff date which is 2-3 years back.   According to the Department of State,

There has been a steadily increasing level of Employment applicant demand since late May for adjustment of status cases filed with U.S. Citizenship and Immigration Services, and there is no indication that this increase will end. Therefore, it has been necessary to establish or retrogress many of the August Final Action Dates in an effort to hold worldwide number use within the maximum allowed under the respective FY-2019 annual limits.

The implementation of the above mentioned dates is expected to be only a temporary issue. For October, the first month of fiscal year 2020, every effort will be made to return these final action dates to those which applied for July.

Prospective I-485 Applicants.  As a result of this retrogression, many applicants who are “current” in July will no longer be current in August 2019.   This means that new I-485 applicants who are planning to file I-485 must do so in the month of July before the retrogression may affect them.     Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive) opportunity to file I-485 applications.

Applicants with Pending I-485.   Applicants who have a pending I-485 and whose priority date will no longer be current in August will likely need to wait until at least October 2019 for the dates to recover to their July 2019 Visa Bulletin level.

FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status (Assuming USCIS Will Allow It)

Another notable development is that the Family-based Second Preference (FB-2A) category remains “Current” for August (after it became “Current” in July) and, according to the Department of State, it is expected to remain “Current” through September.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.     It should be noted that the FB-2A will not remain Current indefinitely, but it is not possible to say at present how soon a cutoff will be introduced.

FB-2A category is for “Spouses and Children (generally under 21 years of age) of Permanent Residents”

This means that FB-2A applicants, especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in August in the event there is a cutoff date introduced in September or October.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    So this is an opportunity to file I-485 not only for existing but also for new FB-2A cases.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

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 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.