The U.S. Department of State published the Monthly Visa Bulletin for October 2017. As anticipated with the new fiscal year and allotment of immigrant visas in October, China and India EB-1 have become current, so the EB-1 category is now current for all countries.
The EB-2 category for “All Areas of Chargeability”, for which a cut-off date had been temporarily established, will once again move to “current” in October. The EB-2 category is now current for applicants born in all countries other than India and China. There was only modest forward movement for China of one week and for India of three weeks. The EB-3 category remains “current” for all countries except: China (forward 2 years to January 1, 2014), India (same as the September Visa Bulletin at October 15, 2006), and the Philippines (forward 1 month to December 1, 2015). Other Workers China moved forward 2 years to January 1, 2006.
As a reminder, in October 2015 the DOS began publishing two separate dates for backlogged employment-based immigrant preference categories, a “filing cut-off date” and a “final action cut-off date.” Applicants may file their applications or have their applications finally adjudicated when their priority date is “current.” The priority date, which is normally the date the labor certification or immigrant petition was originally filed, is said to be “current” when the priority date is earlier than the posted cut-off date in the Monthly Visa Bulletin, based on the person’s immigrant category and country of birth.
U.S. Citizenship and Immigration Services (USCIS) separately confirmed that they will accept applications filed during October 2017 based on the “final action cut-off date. The applicant’s priority date must be current under the “final action cut-off date” before USCIS can finally approve the application.
Applicants who will become eligible to file applications beginning in October should initiate their applications with their Foster attorneys now to ensure the earliest filing date possible in the month of October. Foster will continue to monitor immigrant visa availability and will provide updates as they become available via future Immigration Updates© and via Foster’s website at www.fosterglobal.com