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June 2016 Visa Bulletin – Significant Retrogression for EB-2 India and EB-2 and EB-3 China

10 May

The U.S. Department of State recently published the Monthly Visa Bulletin for June 2016, reporting significant “retrogression” in the “final action cutoff dates” for applicants in the EB-2 India and EB-2 and EB-3 China employment-based categories. Other categories show either no progress or only modest progression in the final action dates.

The “final action cutoff dates” below represent the cutoff date for approval of pending applications and for the filing of new employment-based applications.

Final Action Cutoff Dates

June 2016

* The “Final Action Cut-off Date” is the date traditionally published each month in the Visa Bulletin before the October 2015 Visa Bulletin.

Because visa availability will “retrogress” significantly for EB-3 applicants born in China and for EB-2 applicants born in India and China, a number of applicants will be eligible to file Applications to Adjust Status in May 2016, but will temporarily lose that eligibility beginning June 1, 2016. The U.S. Department of State projects that visa availability will progress little, if any, for these categories for the remainder of this fiscal year, through September 30, 2016. It is possible that EB-2 and EB-3 China will not progress at all until October and that any progress under EB-2 India for the rest of the fiscal year would be very modest. Accordingly, applicants who are currently eligible to file Applications to Adjust Status should proceed immediately with collection of documents and should work with their Foster immigration attorneys to ensure their applications are filed before June 1st.

By filing Applications to Adjust Status before the June 1st retrogression, applicants also will be able to file applications for employment authorization and advance parole travel documents for themselves and their family members. Applicants should move quickly to prepare and file their applications in order to secure these benefits for their family members while waiting for their priority dates to become current again in the future, thereby enabling ultimate approval for permanent residency.

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.