The Department of State (DOS) has issued its January 2019 Visa Bulletin. Overall, there was very little movement in most categories this month.  EB-1 for all nationals advanced by three months.  There was no movement for the EB-2 category, except for Chinese nationals which advanced by one month. EB-3 for Chinese and Indian nationals remained unchanged, while Philippine nationals advanced by another week.

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 January 2019, USCIS has announced that the Dates for Filing chart may be used for employment-based filings.   

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 January.

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