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August 2019 Visa Bulletin – Significant Worldwide Retrogression – File Adjustment of Status Applications Before August if Eligible

15 Jul

Click here to view 2019 August Visa Bulletin

The U.S. Department of State (DOS) published the Monthly Visa Bulletin for August 2019, showing significant worldwide retrogression for EB-1, EB-2, EB-3, and Other Workers preference categories which were Current or were not already significantly backlogged.

Beneficiaries of employment-based immigrant petitions who are eligible to file adjustment of status applications under the July Visa Bulletin are recommended to review filing their applications before the end of July if their priority dates will retrogress in August. 

Significant Worldwide Retrogression

In the June Visa Bulletin, the EB-1 category retrogressed for India to January 1, 2015 and, as anticipated, showed no movement in the Visa Bulletins for July and August. This is attributed to an increased number of petitions and applications filed under the EB-1 category. These EB-1 filings are due to significant backlogs for India-born applicants under the EB-2 and EB-3 categories. This retrogression is anticipated to be temporary but should last until the beginning of the next fiscal year on October 1, 2019, when EB-1 India is anticipated to move forward to February 22, 2017.

In the July Visa Bulletin, the EB-5 preference category has similarly retrogressed for India to May 1, 2017, with the anticipation that the category will move forward significantly on October 1, 2019.

In the August Visa Bulletin, all remaining preference categories and chargeability areas, which were not already significantly backlogged, have retrogressed significantly. This is attributed to an increased number of petitions and applications filed under all of the preference categories, and this retrogression is anticipated to be temporary but should last until the beginning of the next fiscal year on October 1, 2019.

For this reason, beneficiaries of employment-based immigrant petitions who are eligible to file adjustment of status applications under the July Visa Bulletin are recommended to review filing before the end of July if their priority dates will retrogress in August.

U.S. Citizenship and Immigration Services (USCIS) will confirm on its website whether beneficiaries of employment-based immigrant petitions whose priority dates become current in August 2019 should continue to use the “Final Action Dates,” or priority dates, when filing during the month of August 2019.  In the recent past during certain months, USCIS had accepted employment-based immigrant visa applications filed based on the “Dates for Filing” dates, which were typically earlier or sooner than the priority dates.

Beneficiaries of employment-based immigrant petitions who may become eligible to file adjustment of status applications in August should begin preparation of these applications now with their Foster immigration attorney to plan for the earliest possible filing date in the month of August. Beneficiaries of employment-based immigrant petitions who are eligible to file adjustment of status applications now under the July Visa Bulletin are also recommended to contact their Foster immigration attorney if not already contacted for filing by July 29, Monday, if their priority dates will retrogress in August.

Foster LLP will continue to track immigrant visa availability and provide updates via future Immigration Updates© and on our website at www.fosterglobal.com.