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Alert August 2016 Visa Bulletin EB2 Retrogression:

Published: Friday, July 15, 2016

The U.S. Department of State (DOS) has released its August 2016 Visa Bulletin, which shows a major retrogression of the EB-2 employment-based immigration category from the prior month. Applicants from all countries except China and India will now need to wait close to 2 and ½ years to apply for adjustment or an immigrant visa, as the new cutoff date for these countries is now February 1, 2014. Chinese nationals in this category will now need to wait close to 6 and ½ years, while Indian nationals will need to wait close to 12 years. Despite these changes, there is no change in the ability of a qualified EB-2 applicant from any country other than China or India to currently assemble and submit required documents to the Department of State’s National Visa Center. However, because the “Final Action Date”, which is the term used for the actual cutoff date, will retrogress in August, a decision on most applicant’s cases will be delayed – for some significantly. Therefore, any applicant affected by these changes will need to ensure they maintain their status during the prolonged duration. Please ensure that your employment authorization documents and status in the U.S. are kept current. Here is a copy of the Final Action Chart for the August 2016 Visa Bulletin (EB-1 to EB-3):

 

Employment
based

All
Chargeability
Areas Except
Those Listed

CHINA-
mainland
born

EL SALVADOR,
GUATEMALA,
& HONDURAS

INDIA

MEXICO

PHILIPPINES

1st

C

01JAN10

C

01JAN10

C

C

2nd

01FEB14

01JAN10

01FEB14

15NOV04

01FEB14

01FEB14

3rd

15MAR16

01JAN10

15MAR16

08NOV04

15MAR16

15MAY09

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