United States: Department Of State Releases September 2017 Visa Bulletin

EB-2 Worldwide moves forward; EB-3 Worldwide remains "current."

The US Department of State has released its September 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 September 2017 Visa Bulletin Say?

The September 2017 Visa 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.

If US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications. It is anticipated that USCIS will use the Final Action Dates Chart in accepting applications for adjustment of status in September 2017.

To be eligible to file an employment-based (EB) adjustment application in September 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 (changes from last month's Visa Bulletin are shown in yellow).

Application Final Action Dates

Dates for Filing Visa Applications

On the Application Final Action Dates chart, the cutoff dates for EB-1 will remain "current" for all chargeable countries except India and China. The cutoff date for these countries remains retrogressed to January 1, 2012.

The EB-2 cutoff dates for the rest of the world, El Salvador, Guatemala, Honduras, Mexico, and the Philippines allotment have moved forward to January 1, 2016. It is anticipated that this retrogression will remain in place at least until the start of the new fiscal year in October 2017.

The EB-2 cutoff for China advanced to May 15, 2013. Cutoff dates for EB-2 India moved forward to August 22, 2008.

The EB-3 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, and Mexico will be "current." The cutoff date for EB-3 China will remain at January 1, 2012, and the cutoff date for EB-3 India will move to October 15, 2006. The cutoff date for EB-3 Philippines will advance to November 1, 2015.

On the Dates for Filing chart, the 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 October 1, 2013. Cutoff dates for EB-2 India also will remain at February 1, 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 stay at January 1, 2007. Finally, cutoff dates for EB-3 Philippines will stay at January 1, 2016.

Read the September 2017 Visa Bulletin.

This article is provided as a general informational service and it should not be construed as imparting legal advice on any specific matter.