June 2016 Visa Bulletin – Major Retrogression in EB-2 India, EB-2 China and EB-3 China

The U.S. State Department has just released the June 2016 Visa Bulletin which is the ninth Visa Bulletin for the FY2016 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the significant retrogression in EB-2 India (4 years), EB-2 China (2¾ years) and EB-3 China (3½ years).

Summary of the June 2016 Visa Bulletin – Employment-Based (EB)

Please note that USCIS will determine, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates. Please see the section below.

Summary of the June 2016 Visa Bulletin – Family-Based (FB)

Please note that USCIS will determine, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates. Please see the section below.

USCIS Clarifies Its Position on Accepting I-485 Applications with Current “Filing” Date

The introduction of the “Filing” cutoff date in the October 2015 Visa Bulletin generated, initially, a lot of excitement and hope in that USCIS will be able to accept early I-485 filings. However, the reality has been very disappointing.

Additionally, USCIS has added another wrinkle causing additional delay and confusion. On October 15, 2015, USCIS announced that starting with the November 2015 Visa Bulletin, they (in addition to the Department of State) will be evaluating whether there are more immigrant visas available for a fiscal year than there are known applicants for such visas based on the dates published in that month’s Visa Bulletin. This means USCIS will agree to accept the Visa Bulletin “Filing” dates for the purpose of allowing I-485 applications to be filed if (and only if) USCIS determines that there are more available visa numbers than there are known (we assume based on a number of I-485 pending cases) applicants.

According to USCIS, they will be making a determination within a week of the Visa Bulletin issuance and they will be posting their decision it to their website. USCIS will simply state whether they will honor the “Filing” dates or the “Approval” dates for the purpose of accepting I-485 applications. USCIS confirms, however, that their default position is that unless indicated otherwise, the “Approval” dates will control who can file I-485 applications.

As a result, applicants who may appear to be current under the “Filing” cutoff dates in a given Visa Bulletin would still need to wait (it appears for another week) for USCIS to announce separately whether they will honor the “Filing” cutoff date for I-485 filing acceptance. Needless to say, this creates another level of delay and confusion. Our office will do our best to provide updates and explanations on our website and newsletter but we are happy to analyze individual cases as well.

Major Retrogression in EB-2 India and EB2/3 China

Applicants in the EB-2 India, EB-2/EB-3 China categories will be disappointed with the significant retrogression in these categories.  EB-2 India goes back by four years while EB-2 China goes back by two and a three quarters years.  EB-3 China also goes back by three and a half years.    The reason behind this sharp retrogression is the significant demand and number of filings under these categories over the last few months as the dates were moving forward.   As a result, and in order to allocate the available green card visa numbers over the remainder of the fiscal year (September 30), the Department of State has decided to move back the dates significantly to essentially stop the rate of new EB-2 India and EB-2/EB-3 China filings (and more importantly, approvals).

It is our expectation that once the new fiscal year begins with the October 2016 Visa Bulletin the cutoff dates for EB-2 India and China will return to their earlier levels.

We would like to remind applicants whose priority dates are affected by the retrogression to consider taking proactive steps.  For example, applicants who may be current now but will not be current next month and have not filed I-485 should consider doing so immediately, within the month of May and before the June 2016 Visa Bulletin becomes effective on June 1, 2016.

Current “Date for Filing Applications”?

Our office stands ready to assist in the applicable process to take advantage of the significant restructuring in the way the cutoff dates are determined and published. Notwithstanding the lack of movement in the Filing cutoff dates, there are still many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

The June 2016 Visa Bulletin brings bad news to  many of the employment-based candidates who were hoping for continuing advancement.  We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the June 2016 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.