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May 2019 Visa Bulletin Commentary

The May 2019 Visa Bulletin was just released. EB1 all countries is disappointingly still not current, and shows no signs of becoming so any time soon. However, the date for filing employment-based visa applications for EB1 all countries finally showed some significant movement, advancing about three months to 1 September 2018, after having not moved from 1 June 2018 since October of last year. Hopefully the coming months show more positive movement in these categories. However, we may see retrogression for EB1 China and EB1 India in the near future (see note below copied from the Department of State).

 

May 2019

 

For all countries except India, China, Philippines, and Mexico: F2A category priority date advances 75 days to 15 May 2017, F2B preference advances 102 days to a PD of 1 February 2013, F4 category advances 45 days to 15 February 2006; EB1 advances 28 days to 1 March 2018; EB2 remains current; and EB3 remains current.

 

For India only: F2A category advances 75 days to a priority date of 15 May 2017, F2B preference advances 102 days to 1 February 2013, F4 advances 17 days to a PD of 1 August 2004; EB1 remains at a PD of 22 February 2017; EB2 advances 4 days to 16 April 2009; EB3 advances 9 days to a PD of 1 July 2009.

 

For China only: EB1 remains at a PD of 22 February 2017; EB2 advances 44 days to a PD of 15 May 2016; EB3 advances 21 days to a PD of 22 August 2015; EB5 Non-Regional Center and Regional Center advance 7 days to a PD of 22 September 2014.

 

For Vietnam only: EB5 Non-Regional Center and Regional Center advance 31 days to a PD of 22 September 2016.

 

Can file your immigrant applications if PD before:

 

F2A 8 January 2018; F2B 1 August 2014 for All Areas, except 1 October 1998 for Mexico and 15 May 2008 for Philippines; F4 1 October 2006 for All Areas, except 15 March 2005 for India, 22 November 1998 for Mexico, and 15 February 1998 for Philippines.

 

EB1 1 September 2018 for all countries, except 1 October 2017 for China and India; EB2 All countries except India and China are current; EB3 All countries except India, China, and Philippines are current; EB2 India remains at 1 June 2009; EB3 India remains at 1 April 2010; EB2 China advances 62 days to 1 September 2016; EB3 China remains at 1 January 2016; EB5 China (RC and Non-RC) advances 7 days to 15 October 2014; Vietnam is not individually listed and should use the all countries category.

 

Note from Tahmina:

 

In light of the No-RFE memo as well the NTA memos, it is important that those waiting to receive their green cards maintain their underlying visa status.

 

Notes copied from the Department of State regarding Visa availability:

 

D.  CHINA-mainland born AND INDIA EMPLOYMENT-BASED FIRST (E1) PREFERENCE VISA AVAILABILITY

Despite the final action date for these two countries having been held in recent months, there continues to be an extremely high rate of demand for E1 numbers, primarily for USCIS adjustment of status applicants. This situation may require the retrogression of this final action date in an effort to limit future number use.

Such action would only be temporary, with the date for these two countries returning to the latest reached during fiscal year 2019 for October, the first month of fiscal year 2020.

 

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