EB-1 remains current, minimal advancement in other categories.
The US Department of State has released its November 2017 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.
What Does the November 2017 Visa Bulletin Say?
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. Unless otherwise indicated on the US Citizenship and Immigration Services (USCIS) website, individuals seeking to file applications for adjustment of status with USCIS must use the Application Final Action Dates chart below. USCIS has not yet indicated which set of cutoff dates will control in November.
To be eligible to file an employment-based (EB) adjustment application in November 2017, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country.
Application Final Action Dates
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
1st |
C |
C |
C |
C |
C |
C |
2nd |
C |
15JUN13 (was 22MAY13) |
C |
08OCT08 (was15SEP08) |
C |
C |
3rd |
C |
01FEB14 (was 01JAN14) |
C |
15OCT06 |
C |
05JAN16 (was 01DEC15) |
Other Workers |
C |
01APR06 (was 01JAN06) |
C |
15OCT06 |
C |
01JAN16 (was 01DEC15) |
Dates for Filing Visa Applications
EB |
All Charge- |
China |
India |
Mexico |
Philippines |
1st |
C |
C |
C |
C |
C |
2nd |
C |
15NOV13 |
08FEB09 |
C |
C |
3rd |
C |
01SEP15 |
01JAN08 |
C |
01AUG16 |
Other Workers |
C |
01JUN08 |
01JAN08 |
C |
01AUG16 |
On the Application Final Action Dates chart, the cutoff dates for EB-1 for all chargeable countries, including India and China, and the EB-2 cutoff dates for the rest of the world, El Salvador, Guatemala, Honduras, Mexico, and the Philippines allotment will remain “current.” The EB-2 cutoff for China will advance by three weeks to June 15, 2013. Cutoff dates for EB-2 India will move forward three weeks to October 8, 2008.
The EB-3 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, and Mexico will remain “current.” The cutoff date for EB-3 China will advance by one month to February 1, 2014, and the cutoff date for EB-3 India will remain at October 15, 2006. The cutoff date for EB-3 Philippines will advance by six weeks, to January 15, 2016.
Note that for China, the EB-3 cutoff dates continue to be ahead of the EB-2 cutoff dates (February 15, 2014 v. June 3, 2013). This anomalous situation continues a trend that started some months ago. Many applicants from China have applied for a “downgrade” from EB-2 to EB-3 to take advantage of the more advantageous EB-3 cutoff dates.
The Dates for Filing chart reflects no change from the October Visa Bulletin. Cutoff dates for EB-1 will remain “current” for all chargeable countries, including India and China. The EB-2 cutoff dates for the rest of the world, El Salvador, Guatemala, Honduras, Mexico, and the Philippines allotment will also remain “current.” Cutoff dates for EB-2 China will remain at November 15, 2013. Cutoff dates for EB-2 India will remain at February 8, 2009. Cutoff dates for EB-3 China will remain at September 1, 2015, and for “other workers” the cutoff dates will remain at June 1, 2008. Cutoff dates for EB-3 India will advance to January 1, 2008. Finally, cutoff dates for EB-3 Philippines will remain at August 1, 2016.