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September 2016 Visa Bulletin Shows Little Progress and Cutoff Dates Remain for EB-1 China and India, EB-2 “All Other”

12 Aug

The U.S. Department of State recently published the Monthly Visa Bulletin for September 2016, reporting little or no advancement to the “final action cutoff date” for applicants in most employment-based categories.

The largest progression in the “final action cutoff date” was by over one year for EB-3 applicants born in the Philippines. The EB-2 and EB-3 preference categories for India also both progressed by three (3) months. The EB-2 and EB-3 preference categories for China remained the same as the previous month’s visa bulletin. Little or no forward progress is expected until the beginning of the new fiscal year on October 1st.

As previously highlighted, for the first time in years, in August 2016 a cut-off date was established 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. This means that applicants under these categories will continue to not be able to concurrently file I-485 Applications to Adjust Status with their I-140 Immigrant Visa Petitions in the month of September. The categories are expected to open again for concurrent filing in October.

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


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