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January 2017 Visa Bulletin Shows Minor Advancement for EB-2 China and India, EB-3 China and Philippines

16 Dec

The U.S. Department of State (DOS) recently published the Monthly Visa Bulletin for January 2017, reporting minor advancement to the “final action cutoff date” for EB-2 applicants born in China and India and for EB-3 applicants born in China and the Philippines. The final action dates for other employment based categories remained the same or advanced only by one or two weeks. Additionally, the EB-5 immigrant investor program is current for all areas except China, with a final action date of April 8, 2014 and filing date of 15 June 15, 2014.

As a reminder, in October 2015 the DOS began including two separate cutoff dates under backlogged categories. The “filing cutoff date” represents the cutoff date for filing new Applications to Adjust Status to Permanent Resident (green card) with U.S. Citizenship & Immigration Services (CIS). The “final action cutoff date” represents the cutoff date for approval of pending applications. Notably this month, the “filing cutoff dates” remain unchanged from the December Visa Bulletin. U.S. Citizenship and Immigration Services (CIS) will soon announce whether individuals may use the “filing cutoff date” of certain employment based applications for January 2017 or whether they will be required to use the earlier “final action cutoff date”.

Final Action and Filing Cut-off Dates

Employment Based Preference All Chargeability
Areas Except Those Listed
CHINA-Mainland Born El Salvador
Guatemala
Honduras
INDIA MEXICO PHILIPPINES
1st Filing Cut-off Date C C  C C C C
Final Action Cut-Off Date C C C C C C
2nd Filing Cut-off Date C 01MAR13 C 22APR09 C C
Final Action Cut-off Date C 15OCT12
Forward 3 Weeks
C 15APR08
Forward 6 Weeks
C C
3rd Filing Cut-off Date C 01MAY14  C 01JUL05 C 01SEP13
Final Action Cut-off Date 01AUG16
Forward 1 Month
08SEP13
Forward 2 Months
01AUG16
Forward 1 Month
15MAR05
No Change
01AUG16
Forward 1 Month
22JUL11
Forward 1 1/2 Months
Other Workers Filing cut-off Date C 01AUG09  C 01JUL05 C 01SEP13
Final Action Cut-off Date 01AUG16
Forward 1 Month
01DEC05
Forward 1 Month
01AUG16
Forward 1 Month
15MAR05
No Change
01AUG16
Forward 1 Month
22JUL11
Forward 1 1/2 Months

Contact Foster Now to Initiate New Applications

Applicants who will become eligible to file applications beginning January 1, 2017 are encouraged to contact their Foster immigration attorney now to initiate the preparation and filing of an I-485 Application to Adjust Status. By initiating new applications now, applicants can hope to file their applications as soon as they are eligible, on January 1st.

As always, Foster will continue to monitor immigrant visa availability and the procedures that allow for filing Applications to Adjust Status to permanent resident and will provide additional information in future Immigration Updates© and on our firm’s website at www.fosterglobal.com.