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June 2019 Visa Bulletin Commentary

The June 2019 Visa Bulletin was just released. Most jarring was the massive retrogression that occurred for the EB1 India category, which retrogressed an astonishing 2 years, 1 month, and 21 days, from 22 February 2017 to 1 January 2015. The only (somewhat) silver lining is that this retrogression is expected to be temporary, with the EB1 India date anticipated to return to at least 22 February 2017 by October 2019, the beginning of the new fiscal year for USCIS.

 

Similarly, while EB5 India remains current, the Department of State expects retrogression next month, with the likely imposition of a final action date of sometime in 2017. EB5 India is then expected to retrogress further to the same final action as EB5 China for the remainder of the fiscal year, before advancing to a final action date of summer/autumn 2017 at the beginning of the new fiscal year in October.

 

For those in the above-referenced categories whose windows are currently open and will be affected by the retrogression in coming months, we advise you to take action immediately.

 

June 2019

 

For all countries except India, China, Philippines, and Mexico: F2A category priority date advances 61 days to 15 July 2017, F2B preference advances 103 days to a PD of 15 May 2013, F4 category advances 45 days to 1 April 2006; EB1 advances 52 days to 22 April 2018; EB2 remains current; and EB3 remains current.

 

For India only: F2A category advances 61 days to a priority date of 15 July 2017, F2B preference advances 103 days to 15 May 2013, F4 advances 14 days to a PD of 15 August 2004; EB1 retrogresses to 1 January 2015; EB2 advances 3 days to 19 April 2009; EB3 remains at a PD of 1 July 2009.

 

For China only: EB1 remains at a PD of 22 February 2017; EB2 advances 78 days to a PD of 1 August 2016; EB3 advances 24 days to a PD of 15 September 2015; EB5 Non-Regional Center and Regional Center advance 9 days to a PD of 1 October 2014.

 

For Vietnam only: EB5 Non-Regional Center and Regional Center advance 9 days to a PD of 1 October 2016.

 

Can file your immigrant applications if PD before:

 

F2A 8 March 2019; F2B 8 August 2014 for All Areas, except 15 December 1998 for Mexico and 1 July 2008 for Philippines; F4 1 December 2006 for All Areas, except 15 April 2005 for India, 1 December 1998 for Mexico, and 1 March 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 61 days to 1 November 2016; EB3 China remains at 1 January 2016; EB5 China (RC and Non-RC) advances 17 days to 1 November 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.  INDIA EMPLOYMENT-BASED FIRST PREFERENCE VISA AVAILABILITY

Despite the final action date for this country having been held for the past three months, there continues to be an extremely high rate of demand for Employment First preference (E1) numbers, primarily for USCIS adjustment of status applicants.  This situation has resulted in the retrogression of this final action date for the month of June in an effort to limit future number use.

Such action will only be temporary with the E1 date for India returning to at least February 22, 2017 for October, the first month of fiscal year 2020.

E.  EMPLOYMENT-BASED FIFTH PREFERENCE VISA AVAILABILITY

India:  Continued heavy applicant demand is expected to result in the India Employment Fifth preference (E5) category approaching the per-country annual limit during July.  This is likely to result in the imposition of a July final action date, and that date will be sometime in 2017.  Then for August, India will become subject to the same final action date which applies to China-mainland born Employment Fifth preference applicants for the remainder of the fiscal year.

Such action will only be temporary with the E5 date for India most likely advancing to the summer or fall of 2017 for October, the first month of fiscal year 2020.
Vietnam:  Continued heavy applicant demand is expected to result in the Vietnam Employment Fifth preference (E5) category reaching the per-country annual limit during July.  Then for August, Vietnam will become subject to the same final action date which applies to China-mainland born Employment Fifth preference applicants for the remainder of the fiscal year.

Such action will only be temporary with the Vietnam E5 date most likely advancing to the fall or early winter of 2016 for October, the first month of fiscal year 2020.

 

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