EB-1 remains backlogged in the May 2019 visa bulletin, while EB-3 India allotment is still slightly ahead of EB-2 India allotment.
The US Department of State has released its May 2019 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments and consular immigrant visa application filings and approvals.
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted. Pursuant to the US Citizenship and Immigration Services (USCIS) website, individuals seeking to file applications for adjustment of status with USCIS in May 2019 must use the “Final Action Dates” chart below.
To be eligible to receive approval of a pending employment-based (E-B) adjustment application in May 2019, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country.
|
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
01MAR18 (was 01FEB18) |
22FEB17 |
01FEB18 (was 01JAN18) |
22FEB17 |
01MAR18 (was 01FEB18) |
01MAR18 (was 01FEB18) |
01MAR18 (was 01FEB18) |
|
2nd |
C |
15MAY16 (was 01APR16) |
C |
16APR09 (was 12APR09) |
C |
C |
C |
|
3rd |
C |
22AUG15 (was 01AUG15) |
C |
22JULY09 (was 22JUN09) |
C |
01JUN18 (was 01MAR18) |
C |
|
Other Workers |
C |
01SEP07 (was 22AUG07) |
C |
01JUL09 (was 22JUN09) |
C |
01JUN18 (was 01MAR18) |
C |
On the Final Action Dates chart, the cutoff dates for EB-1 for “All Chargeability Areas”, El Salvador, Guatemala, Honduras, Mexico, the Philippines, and Vietnam will advance only slightly, remaining backlogged by 14 months to March 1, 2018. For EB-2, the cutoff dates for these countries will remain “current,” as will the EB-3 cutoff dates for the worldwide allotment, El Salvador, Guatemala, Honduras, Mexico, and Vietnam. The EB-3 cutoff date for the Philippines will advance three months to June 1, 2018.
For China and India, EB-1 will not advance, remaining at February 22, 2017. The EB-2 cutoff for China will advance only six weeks, to May 15, 2016, and the EB-2 cutoff for India will move just four days, to April 16, 2009. The cutoff date for EB-3 China will advance by three weeks to August 22, 2015, and the cutoff date for EB-3 India will advance 10 days to July 1, 2009.
If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:
Washington, DC
Shannon A. Donnelly
Eleanor Pelta
Eric S. Bord
Miami
Laura C. Garvin