The Department of State (DOS) has issued its December 2018 Visa Bulletin. Overall, there was very little movement in most categories this month.  EB-1 for all nationals advanced by three months.  EB-2 worldwide is still current (except for China and lndia).  EB-2 for Chinese nationals advanced by one and a half months, and EB-2 for Indian nationals advanced by almost two months. EB-3 for Chinese and Philippine nationals moved forward by one week, while EB-3 for Indian nationals advanced by two months. 

Here’s a chart with the Final Action Dates for ease of reference:

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 December 2018, USCIS has announced that the Dates for Filing chart may be used for employment-based filings, which is below:

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 December.

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