January 2019 Visa Bulletin – Significant Progress in EB-1 for All Chargeability Areas, EB-3 and Other Workers India
by Foster LLP, on Immigration Updates
The U.S. Department of State (DOS) published the Monthly Visa Bulletin for January 2019, showing significant progress in EB-1 for all chargeability areas as well as EB-3 and Other Workers in India, with the remainder of the priority of dates remaining current or backlogged with little to no movement.
Continued Earlier Dates for Filing AOS
- Receive Employment Authorization Documents (EADs) and Advance Parole Documents; and,
- Potentially become eligible sooner for immigrant visa portability to change jobs while their employment-based adjustment of status is pending.
Although CIS will continue to accept adjustment of status applications under the typically earlier filing cut-off dates, the applicant’s priority date must be current under the “final action cut-off date” before CIS can finally approve the application.
January 2019 Visa Bulletin
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.
The changes in the Final Action Cut-Off Dates from the December 2018 Bulletin to January 2019 Visa Bulletin are:
- EB-1: All Chargeability Areas – Forward progress of three months to October 1, 2017; China and India – Forward progress of three months, two weeks, to December 15, 20162.
- EB-2: China – Forward progress of two weeks to August 1, 20153.
- EB-3: Philippines – Forward progress of one week to June 22, 20174.
- Other Workers: China – Forward progress of one month to July 1, 2007; Philippines – Forward progress of one week to June 22, 20175.
- EB-5: China – Forward progress of one week to September 1, 2014; Vietnam – Forward progress of one month to June 1, 2016
In the EB-5 Non-Regional Center category, the “Final Action Dates” are current for all countries except China and Vietnam, which continue to be backlogged but with slight forward movement: currently backlogged at September 1, 2014 for China, and June 1, 2016 for Vietnam. However, the “Final Action Dates” for the EB-5 Regional Center category for all countries are “unavailable” and immigrant visas cannot be issued in January 2019.
Applicants whose priority dates are backlogged are recommended to review the filing cut-off dates below to determine if they may be eligible to file during the month of January.
Applicants who will become eligible to file immigrant visa applications in January should also initiate applications now with their Foster immigration attorney to plan for the earliest possible filing date in the month of January.