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July 2019 Visa Bulletin Commentary

The July 2019 Visa Bulletin was just released. Two major developments that will occur for next month is that the F2A family-based preference category will become current for all countries (including India, China, and Mexico), and that EB5 India will retrogress, from current to a priority date of 1 May 2017. F2A is expected to remain current at least through September. EB5 India is expected to retrogress further next month.

 

A word of caution for EB2 and EB3 All Countries categories – while they are expected to remain current, the Department of State advises that some temporary corrective action may be required for September.

 

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

 

Commentary:

 

July 2019

 

For all countries except India, China, Philippines, and Mexico: F2A category priority date is now current, F2B preference advances 109 days to a PD of 1 September 2013, F4 category advances 75 days to 15 June 2006; EB1 remains at 22 April 2018; EB2 remains current; and EB3 remains current.

 

For India only: F2A category is now current, F2B preference advances 109 days to 1 September 2013, F4 advances 7 days to a PD of 22 August 2004; EB1 remains at 1 January 2015; EB2 advances 5 days to 24 April 2009; EB3 remains at a PD of 1 July 2009; EB5 Non-Regional Center and Regional Center retrogresses to a PD of 1 May 2017.

 

For China only: EB1 advances 75 days to a PD of 8 May 2017; EB2 advances 92 days to a PD of 1 November 2016; EB3 advances 108 days to a PD of 1 January 2016; EB5 Non-Regional Center and Regional Center remains at a PD of 1 October 2014.

 

For Vietnam only: EB5 Non-Regional Center and Regional Center remains at a PD of 1 October 2016.

 

Can file your immigrant applications if PD before:

 

F2A 8 March 2019; F2B 15 August 2014 for All Areas, except 22 December 1998 for Mexico and 1 August 2008 for Philippines; F4 15 December 2006 for All Areas, except 22 April 2005 for India, 8 December 1998 for Mexico, and 1 July 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 92 days to 1 February 2017; EB3 China advances 152 days to 1 June 2016; EB5 China (RC and Non-RC) remains at 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.  FAMILY-SPONSORED SECOND PREFERENCE VISA AVAILABILITY

F2A: This category has become “Current” for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit.  Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

E.  MEXICO FAMILY-SPONSORED and EMPLOYMENT-BASED PREFERENCE VISA AVAILABILITY

As the end of the fiscal year approaches, it has been necessary to retrogress the Mexico F1, F3, F4, E4, and SR final action dates for July to keep issuances within the annual numerical limits. With the start of the new fiscal year in October, the final action dates will be returned to the latest dates established during FY-2019.

F.  EMPLOYMENT-BASED FIFTH PREFERENCE VISA AVAILABILITY

As readers were advised might happen in item E of the June Visa Bulletin, India and Vietnam will each reach their per-country annual limit during July.  This has resulted in the Vietnam date being held, and has required the imposition of a July final action date for India.

For August, both countries will become subject to the same final action date which applies to China-mainland born Employment Fifth preference (E5) applicants, and they will be for the remainder of the fiscal year.

Such action will only be temporary, with the E5 date for each advancing for October, the first month of fiscal year 2020, as follows:

India:  Most likely advancing to the summer or fall of 2017.
Vietnam: Most likely advancing to the fall or early winter of 2016.

G.  VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1:  Up to five weeks
F2A: CURRENT
F2B: Up to six weeks
F3:  Up to six weeks
F4:  Up to one month

EMPLOYMENT-based categories (potential monthly movement)

Employment First:

WORLDWIDE: Little if any forward movement. Increased demand may require temporary corrective action for September

China: Little if any forward movement

India: No forward movement.  The date will return to February 22, 2017 for October

Employment Second:

Worldwide: Expected to remain Current, but temporary corrective action may be required for September

China: Up to four months

India: Up to one week

Employment Third:

Worldwide: Expected to remain Current, but temporary corrective action may be required for September

China: Up to several months

India: Little if any forward movement

Mexico: Will remain at the Worldwide date

Philippines: Will remain at the Worldwide date

Employment Fourth: Current for most countries

El Salvador, Guatemala, Honduras, and Mexico:  Little if any movement through September.

Employment Fifth: The category will remain “Current” for most countries

China: Too early to predict whether it will be possible to advance the China date prior to October.

India and Vietnam will be subject to the same date as China during August and September.

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through September.  The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.

 

 

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