The U.S. Department of State (DOS) published the Monthly Visa Bulletin for August 2018, showing worldwide retrogression for the EB-1 preference category, forward progress for EB-3 and Other Workers India, and forward progress for EB-2 and EB-3 China. The Visa Bulletin shows significant forward progression for EB-3 and Other Workers Philippines, with the other preference categories remaining the same.
The EB-1 category has now retrogressed for all chargeability areas. The retrogression is attributed to a high demand overall for the EB-1 category. This retrogression is anticipated to be temporary but should last until the beginning of the next fiscal year on October 1, 2018.
The EB-2 category remains current for countries other than China, which moved forward 2 months, and India, which did not progress. The EB-3 category remains current for all countries except: China (forward 6 months to July 1, 2014); India (forward 2 months to January 1, 2009); and the Philippines (forward 5 months to June 1, 2017). The Other Workers category moved forward 2 months for India, 5 months for the Philippines, and did not change for China.
The EB-5 Category remains current for applicants born in all countries except for mainland China and Vietnam, which both remain backlogged to August 1, 2014, with no change since the June 2018 Visa Bulletin.
Applicants may file their applications or have their applications finally adjudicated when their priority date is “current.” The priority date, which is typically the date the labor certification or immigrant petition was originally filed, is said to be “current” when the priority date is earlier than the posted cut-off date in the Monthly Visa Bulletin, based on the person’s immigrant preference category and country of birth.
Applicants who will become eligible to file immigrant applications in August should initiate applications now with their Foster attorney to plan for the earliest possible filing date in the month of August.