In the December 2019 Visa Bulletin issued by the US Department of State, EB-2 worldwide employment-based classifications, excluding China and India, remain available and current. EB-1 dates for all countries except India saw modest movement.
The US Department of State has released its December 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.
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.
Each month, USCIS chooses which chart it will follow. In December, USCIS will continue to use the Dates for Filing Chart for employment-based filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with USCIS in December 2019 must use the “Dates for Filing” chart below.
To be eligible to receive approval of a pending employment-based (EB) adjustment application in December 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 applications.
|
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
15JUL18 (was 01JUN18) | 15MAY17 (was 01FEB17) | 15JUL18 (was 01JUN18) | 01JAN15 (no change) | 15JUL18 (was 01JUN18) | 15JUL18 (was 01JUN18) | 15JUL18 (was 01JUN18) |
|
2nd |
C (no change) | 22JUN15 (was 15MAR15) | C (no change) | 15MAY09 (was 13MAY09) | C (no change) | C (no change) | C (no change) |
|
3rd |
C (no change) | 01NOV15 (no change) | C (no change) | 01JAN09 (no change) | C (no change) | 01MAR18 (was 01FEB18) | C (no change) |
|
Other Workers |
C (no change) | 01MAR08 (was 01FEB08) | C (no change) | 01JAN09 (no change) | C (no change) | 01MAR18 (was 01FEB08) | C (no change) |
On the Final Action Dates chart, the India EB-1 cutoff date remains at January 1, 2015. The EB-1 cutoff date for China advanced 3.5 months to May 15, 2017. Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all saw modest movement in the EB-1 category, with each country advancing approximately six weeks.
EB-2 China moved forward approximately three months. EB-2 India moved forward just two days. EB-2 dates for all other countries remain current.
The EB-3 cutoff date for Philippines advanced by one month. EB-3 dates for all other countries have not moved since last month.
To be eligible to file an EB adjustment application in December 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 which is earlier than the listed date may file their application.
*Note that since Vietnam is not listed on the Department of State’s Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates found in the “All Chargeability Areas Except Those Listed” column.
|
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
C (was 01JUL19) | 01SEP17 (no change) |
C (was 01JUL19) | 15MAR17 (no change) | C (was 01JUL19) | C (was 01JUL19) | C (was 01JUL19) |
|
2nd |
C (no change) | 01AUG16 (no change) | C (no change) | 01JUL09 (no change) | C (no change) | C (no change) | C (no change) |
|
3rd |
C (no change) | 01MAR17 (no change) | C (no change) | 01FEB10 (no change) | C (no change) | C (no change) | C (no change) |
|
Other Workers |
C (no change) | 01AUG08 (no change) | C (no change) | 01FEB10(no change) | C (no change) | C (no change) | C (no change) |
On the Dates for Filing chart, the India EB-1 cutoff date remains at March 15, 2017, and the EB-1 date for China remains at September 1, 2017. EB-1 dates for El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam, and All Chargeability Areas Except Those Listed have once again become current.
EB-2 and EB-3 categories for All Chargeability Areas Except Those Listed, El Salvador, Guatemala, Honduras, Mexico, Philippines, and Vietnam are all current for December 2019.
EB-2 China remains at August 1, 2016. EB-2 India remains at July 1, 2009.
The EB-3 cutoff date for China remains at March 1, 2017, and the EB-3 cutoff for India remains at February 1, 2010.
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