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October 2016 Visa Bulletin Shows Significant Forward Progress and Cutoff Dates Eliminated for EB-1 China and India, EB-2 “All Other”

15 Sep

The U.S. Department of State recently published the Monthly Visa Bulletin for October 2016, reporting significant advancement to the “final action cutoff date” for applicants in most employment-based categories. As expected, the substantial forward progress in immigrant visa availability is due to the beginning of the new fiscal year on October 1st and the new allotment of visa numbers for the year.

The largest progressions in the “final action cutoff date” was by over two years for EB-2 and three years for EB-3 applicants born in China. The EB-2 and EB-3 preference categories for India also both progressed by twenty three months and two weeks, respectively. The EB-2 preference categories for El Salvador, Guatemala, Honduras, Mexico, and the Philippines also progressed by over two and a half years.

The cut-off dates that were established in August 2016 under the EB-1 category for persons born in India or China and under the EB-2 category for persons born in all other countries have been removed, and these categories are now “current”. This means that beginning October 1st applicants under these categories will again be able to concurrently file I-485 Applications to Adjust Status with their I-140 Immigrant Visa Petitions.

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

Final Action Cutoff Dates


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

Contact Foster Now to Initiate New Applications

Applicants who will become eligible to file applications beginning October 1st 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 be ahead of the rush of anticipated filings as many new applicants become eligible to file applications during the month of October. Filing at the very beginning of October should help applicants to avoid longer wait times for the adjudication of Applications for Employment Authorization and Advance Parole.

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