LawFlash

US Department of State Releases October 2019 Visa Bulletin

September 20, 2019

In the October 2019 Visa Bulletin issued by the US Department of State, EB-2 and EB-3 worldwide employment-based classifications, excluding China and India, are once again available and current.

The US Department of State has released its October 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.

What Does the October 2019 Visa Bulletin Say?

With the start of the government’s new fiscal year this October, EB-2 and EB-3 categories for El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam,[1] and All Chargeability Areas Except Those Listed are once again 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.

In a change of course from the last several months, the US Citizenship and Immigration Services (USCIS) will 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 October 2019 must use the Dates for Filing chart below.

To be eligible to file an EB adjustment application in October 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.

Dates for Filing of Employment-Based Visa Applications

 

EB

All Charge-
ability
Areas Except
Those Listed

China
(Mainland
Born)

El Salvador,
Guatemala,
and Honduras

India

Mexico

Philippines

Vietnam

1st

01JUL19 (was 01OCT17 under Sept. Final Action Chart)

01SEP17 (was 01JAN14 under Sept. Final Action Chart)

01JUL19 (was 01OCT17 under Sept. Final Action Chart)

15MAR17 (was Unavailable under Sept. Final Action Chart)

01JUL19 (was 01OCT17 under Sept. Final Action Chart)

01JUL19 (was 01OCT17 under Sept. Final Action Chart)

01JUL19 (was 01OCT17 under Sept. Final Action Chart)

2nd

C

(was 01JAN18 under Sept. Final Action Chart)

01AUG16 (was 01JAN17 under Sept. Final Action Chart)

C

(was 01JAN18 under Sept. Final Action Chart)

01JUL09 (was 08MAY09 under Sept. Final Action Chart)

C

(was 01JAN18 under Sept. Final Action Chart)

C

(was 01JAN18 under Sept. Final Action Chart)

C

(was 01JAN18 under Sept. Final Action Chart)

3rd

C

(was Unavailable under Sept. Final Action Chart)

01MAR17 (was Unavailable under Sept. Final Action Chart)

C

(was Unavailable under Sept. Final Action Chart)

01FEB10 (was Unavailable under Sept. Final Action Chart)

C

(was Unavailable under Sept. Final Action Chart)

C

(was Unavailable under Sept. Final Action Chart)

C

(was Unavailable under Sept. Final Action Chart)

Other Workers

C

(was 01JUL16 under Sept. Final Action Chart)

01AUG08 (was 22NOV07 under Sept. Final Action Chart)

C

(was 01JUL16 under Sept. Final Action Chart)

01FEB10 (was 01JUL05 under Sept. Final Action Chart)

C

(was 01JUL16 under Sept. Final Action Chart)

C

(was 01JUL16 under Sept. Final Action Chart)

C

(was 01JUL16 under Sept. Final Action Chart)

 

On the Dates for Filing chart, the India EB-1 cutoff date is now 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 have all become current for October 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).

Contacts

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

San Francisco
A. James Vázquez-Azpiri
Christina M. Gonzaga



[1] Note that since Vietnam is not listed on the Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates found in the “All Chargeability Areas Except Those Listed” column.