July 2017 Visa Bulletin – Major EB-3 China Retrogression, EB-3 India Advances Notably

The U.S. State Department has just released the July 2017 Visa Bulletin which is the tenth Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the significant 33-month retrogression in EB-3 China, the continued cutoff date for EB-1 India and EB-1 China and the notable forward movement in EB-3 India.

Summary of the July 2017 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 July 2017 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.

EB-3 China Retrogression – No Longer Ahead of EB-2 China – End of The Downgrading Era

Notable this month is the significant (33 months, or over two and half years) retrogression in EB-3 China.   Mr. Charles Oppenheim had recently cautioned that the significant demand in EB-3 China (most of it due to downgrading from EB-2 to EB-3), there are sufficient number of applications under EB-3 China and, as a result, a retrogression was required.

This significant retrogression in EB-3 China means that, at least for some time, we expect that the window for downgrading from EB-2 to EB-3 China has closed.    In fact, with EB-2 China more advanced than EB-3 China, it is possible that we may see a reverse trend of upgrading from EB-3 to EB-2 China.   The irony for some may be that some recent downgrades from EB-2 to EB-3 now may benefit from an upgrade from EB-3 to EB-2.

In a note, the State Department alerts that the EB-3 China is expected to get back to an October 1, 2014 cutoff date as of October 1, 2017.   Our office is happy to consult applicants who are in this situation and are considering what may be the best and most advantageous options for filing EB China applications.   Please contact us if we can help.

EB-1 India/China Cutoff Date

We had anticipated the introduction of a cutoff date for the EB-1 India and EB-1 China in last month’s Visa Bulletin.    This cutoff date remains unchanged and it is expected that this cutoff date will remain in place until October 1, 2017.  EB-1 India and EB-1 China applicants who have not filed I-485 may now need to wait until October 1.

Upcoming Introduction of EB-2 ROW/Mexico/Philippines Cutoff Date

We also would like to caution that in the previous Visa Bulletin, the Department of State warned that they are also likely to introduce a cutoff date for the EB-2 ROW, Mexico and Philippines categories (which have almost always been current) over the following few months.   It is possible that a cutoff date will be introduced for EB-2 ROW/Mexico/Philippines within the next one or two Visa Bulletins.

If and when such cutoff date is introduced, applicants who are affected will not be able to complete their green card process either at the US Consulate or by filing or getting an approval of I-485 adjustment of status application until their priority date becomes current again.   It is expected that these categories will be current again after October 1, 2017.   Applicants who may be affected by this cutoff date introduction should consider monitoring closely the upcoming Visa Bulletins for the  next few months and be ready to move forward with a prompt I-485 filing or wait until October 1 when it is anticipated that the dates will be current again.

Current Date?

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.  There are 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

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 July 2017 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.