February 2019 Visa Bulletin – Minor Forward Progress Across Most Backlogged Preference Categories
by Foster LLP, on Immigration Updates
The U.S. Department of State (DOS) published the Monthly Visa Bulletin for February 2019, showing minor forward progress in EB-1 for all chargeability areas as well as EB-2 for China and India, EB-3 and Other Workers China, India, and the Philippines, and EB-5 Vietnam, with the remainder of the priority dates remaining current or backlogged with no movement.
CIS Confirms Use of Final Action Dates for February 2019; Review January 2019 Visa Bulletin to Determine if You Should File Before February 2019
U.S. Citizenship and Immigration Services (CIS) since the September 2018 Visa Bulletin had been allowing applicants to file adjustment of status applications under the typically sooner “Dates for Filing.” However, CIS confirmed on its website that applicants whose priority dates become current in February 2019 should use the “Final Action Cut-Off Dates” when filing in the month of February 2019.
Applicants whose Dates for Filing are current, but whose Final Action Cut-Off Dates are not current, in the January 2019 Visa Bulletin should review filing by the end of January, in advance of these changes in February 2019.
February 2019 Visa Bulletin
The specific changes in the Final Action Cut-Off Dates, or priority dates, from the January 2019 Bulletin to February 2019 Visa Bulletin are:
- EB-1: China and India – Forward progress one month, three weeks to February 8, 2017; All Other Chargeability Areas – Forward progress of two months to December 1, 2017.
- EB-2: China – Forward progress of two months to October 1, 2015; India – Forward progress of five days to April 6, 2009.
- EB-3: China – Forward progress of three weeks to July 1, 2015; India – Forward progress of one month, three weeks to April 22, 2009; Philippines – Forward progress of one month, one week to August 1, 2017
- Other Workers: China – Forward progress of one month to August 1, 2007; India – Forward progress of one month, three weeks to April 22, 2009; Philippines – Forward progress of one month, one week to August 1, 2017
- EB-5: Vietnam – Forward progress of two weeks to June 15, 2016
In both the EB-5 Regional Center and the EB-5 Non-Regional Center categories, the “Filing Cut-Off Dates” are current for applicants born in all countries except for mainland China, which is backlogged to October 1, 2014, allowing for filing of adjustment of status applications for those with approved I-526 petitions who are residing in the U.S.
In the EB-5 Non-Regional Center category, the “Final Action Dates” are current for all countries except for mainland China, which is backlogged to October 1, 2014, allowing for filing of adjustment of status applications for those with approved I-526 petitions who are residing in the U.S.
Applicants whose priority dates are backlogged are recommended to review the below dates below to determine if they may be eligible to file during the month of February.