In the November 2019 visa bulletin issued by the US Department of State, EB-2 and EB-3 worldwide employment-based classifications, excluding China and India, remain available and current.
The US Department of State has released its November 2019 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments and consular immigrant visa application filings and approvals.
EB-2 and EB-3 categories for El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam[1], and All Chargeability Areas Except Those Listed remain current.
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. This month, the US Citizenship and Immigration Services (USCIS) will again use the Dates for Filing of Employment-Based Visa Applications chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with USCIS in November 2019 must use the Dates for Filing chart below.
To be eligible to file an EB adjustment application in November 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.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their application.
|
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
01JUL19 (no change from Oct; was 01OCT17 under Sept. Final Action Chart) |
01SEP17 (no change from Oct.; was 01JAN14 under Sept. Final Action Chart) |
01JUL19 (no change from Oct.; was 01OCT17 under Sept. Final Action Chart) |
15MAR17 (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
01JUL19 (no change from Oct.; was 01OCT17 under Sept. Final Action Chart) |
01JUL19 (no change from Oct.; was 01OCT17 under Sept. Final Action Chart) |
01JUL19 (no change from Oct.; was 01OCT17 under Sept. Final Action Chart) |
|
2nd |
C (no change from Oct.; was 01JAN18 under Sept. Final Action Chart) |
01AUG16 (no change from Oct.; was 01JAN17 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JAN18 under Sept. Final Action Chart) |
01JUL09 (no change from Oct.; was 08MAY09 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JAN18 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JAN18 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JAN18 under Sept. Final Action Chart) |
|
3rd |
C (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
01MAR17 (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
C (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
01FEB10 (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
C (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
C (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
C (no change from Oct.; was Unavailable under Sept. Final Action Chart) |
|
Other Workers |
C (no change from Oct.; was 01JUL16 under Sept. Final Action Chart) |
01AUG08 (no change from Oct.; was 22NOV07 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JUL16 under Sept. Final Action Chart) |
01FEB10 (no change from Oct.; was 01JUL05 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JUL16 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JUL16 under Sept. Final Action Chart) |
C (no change from Oct.; was 01JUL16 under Sept. Final Action Chart) |
On the Dates for Filing chart, the India EB-1 cutoff date is March 15, 2017; the EB-1 date for China is September 1, 2017; and EB-1 dates for El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam, and All Chargeability Areas Except Those Listed have moved to July 1, 2019.
EB-2 and EB-3 categories for All Chargeability Areas, El Salvador, Guatemala, Honduras, Mexico, Philippines, and Vietnam are all current for November 2019.
EB-2 China has retrogressed five months to August 1, 2016. EB-2 India has advanced nearly two months, to July 1, 2009.
The EB-3 cutoff date for China is now March 1, 2017 (previously unavailable), and the EB-3 cutoff for India is now February 1, 2010 (previously unavailable).
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
[1] Note that since Vietnam is not listed on the State Department’s Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates found in the “All Chargeability Areas Except Those Listed” column.