The U.S. State Department has just released the February 2017 Visa Bulletin which is the fifth Visa Bulletin for the new FY2017 fiscal year. The headline in the upcoming month’s Visa Bulletin is the slow forward movement across many categories, including the lack of any movement in EB-2 India. EB-3 China continues to have a more favorable cutoff date than EB-2 China which creates favorable conditions for EB-2 to EB-3 China downgrades.
U.S. Citizenship and Immigration Service (“USCIS”) has just announced that for the month of October 2016 they will honor and accept I-485 Adjustment of Status applications based on the Filing Dates (and not only on the Final Action dates) category from the October 2016 Visa Bulletin. See USCIS’s announcement.
What this means is that for I-485 filing purposes, USCIS will accept applications with slightly earlier cutoff date than noted on the Final Action dates. Also, this announcement is important because this is the first time in over twelve Visa Bulletin editions when USCIS has agreed to accept the Filing Dates category for I-485 filing purposes.
October 2016 Visa Bulletin – EB-1 and EB-2 ROW Current Again; EB-2 India and China Advance Significantly; EB-3 China Ahead of EB-2 China
The U.S. State Department has just released the October 2016 Visa Bulletin which is the first Visa Bulletin for the new FY2017 fiscal year. The headline in the upcoming month’s Visa Bulletin is fact that this is the first bulletin for the new fiscal year. EB-1 and EB-2 ROW are current again and there is notable forward movement in EB-2 India and China. EB-3 China also advanced significantly to have a more favorable cutoff date than EB-2 China which creates favorable conditions for EB-2 to EB-3 China downgrades.
In an August 3, 2016 opinion, the U.S. Court of Appeals for the Seventh Circuit held that in situations where beneficiaries of I-140 petition have ported their I-485 adjustment of status application to a new employer pursuant to the AC21 portability provisions, USCIS is required to provide a notice of its intent to revoke the earlier I-140 petition to the new AC21 employer but not to the beneficiary.
The U.S. State Department has just released the July 2016 Visa Bulletin which is the tenth Visa Bulletin for the FY2016 fiscal year. The headline in the upcoming month’s Visa Bulletin is the lack of much movement across the employment-based categories after the June 2016 major retrogression.
In an order dated May 16, 2016, the U.S District Court for the Western District of Washington has dismissed the lawsuit challenging the October 2015 Visa Bulletin revisions, or the so-called “visagate.” According to the court, the visa bulletin, mainly because it had not become effective at the time of the revision, did not constitute final agency action and, as a result, the court dismissed the case on technical grounds without an opportunity to amend the claims stated. (more…)
The U.S. State Department has just released the April 2016 Visa Bulletin which is the seventh Visa Bulletin for the FY2016 fiscal year. The major headline in the upcoming month’s Visa Bulletin is lack of major movements across the cutoff dates for many categories. EB-2 India’s forward movement is very minor, suggesting that the government is seeing sufficient demand in this category which should mean that we may not see giant forward leaps over the next few months.
March 2016 Visa Bulletin – Cutoff Dates Advance for Most Categories; EB China Advances Significantly
The U.S. State Department has just released the March 2016 Visa Bulletin which is the sixth Visa Bulletin for the FY2016 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the notable advancement in the cutoff dates for many categories, especially for EB-2 and EB-3 China. EB-2 India advances again, although the rate of advancing seems to slow down. The “Filing” cutoff dates advance for many categories as well.
Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service (“USCIS”) to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence (“RFE”) on pending employment-based primary Form I-485, Application to Adjust Status, cases (mostly for EB-2 India applicants). Our office has been receiving such RFEs and we have been hearing from readers and clients who have also been affected by this large-scale RFE event. We have seen similar RFE flood waves in the past and many EB-2 India applicants may have seen two or even three such RFEs. Like previous RFE waves in the past, USCIS is generally seeking updated medicals, in addition to employment verification documents from the sponsoring employer. (more…)