The Department of State (DOS) has issued its November 2018 Visa Bulletin. Overall, there was very little movement in most categories this month.  EB-1 for Chinese and Indian nationals had no movement.  EB-2 worldwide is current (except for China and lndia).  EB-2 for Chinese nationals advanced by one and a half months, but there was no movement for EB-2 Indian nationals.  EB-3 is current (except for China, India, and the Philippines).  EB-3 for Chinese and Indian nationals had no movement, but Philippine nationals moved forward by one week.

Here’s a chart for ease of reference: 

EB-1-Worldwide:                 April 1, 2017, except:

                        China:            June 1, 2016

                                                No advancement from last month’s VB

                        India:              June 1, 2016

                                                No advancement from last month’s VB

EB-2-Worldwide:                 Current, except:   

China:             May 15, 2015              

                         One-month and 15 day advancement from last month’s VB

India:             March 26, 2009

                                                No advancement from last month’s VB

 

EB-3-Worldwide:                 Current, except:

                        China:            June 1, 2015

                                                No advancement from last month’s VB

                        India:              January 1, 2009

                                                No advancement from last month’s VB

Philippines:   June 8, 2017

Seven-day advancement from last month’s VB

 

WHAT DATES IN THE VISA BULLETIN SHOULD YOU USE FOR FILING YOUR ADJUSTMENT OF STATUS APPLICATION WITH USCIS?

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, then USCIS will state on www.uscis.gov/visabulletininfo that you may use the Dates for Filing Visa Applications chart in the Department of State Visa Bulletin, which usually has dates earlier than the Final Action Dates noted above. Otherwise, USCIS will indicate on its web site that you must use the Application Final Action Dates chart (which is above) to determine when you may file your adjustment of status application in the United States.  For November 2018, USCIS has announced that the Dates for Filing chart may be used for employment-based filings. 

EB-1-Worldwide:                 June 1, 2018, except:

                        China:            October 1, 2017

                        India:              October 1, 2017

                       

EB-2-Worldwide:                 Current, except:   

China:             June 15, 2015             

India:              May 22, 2009

 

EB-3-Worldwide:                 Current, except:

                        China:            August 8, 2015

                        India:              October 1, 2009

Philippines:   July 1, 2017

If the priority date for your employment-based category is before the date listed above and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in November.

This alert is for informational purposes.  If you would like to discuss these developments further, please do not hesitate to contact us.