October 19, 2017

October 18, 2017

Subscribe to Latest Legal News and Analysis

October 17, 2017

Subscribe to Latest Legal News and Analysis

October 16, 2017

Subscribe to Latest Legal News and Analysis

Department of State Releases January 2017 Visa Bulletin

No change in Dates for Filing chart again; minimal advancement in Final Action Dates chart.

The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and approvals.

What Does the January 2017 Visa Bulletin Say?

The January 2017 Visa Bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustment of status or immigrant visas, and the latter indicates when an adjustment of status application or immigrant visa application may be approved and permanent residence granted.

If US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications.

It is not yet clear which chart the USCIS will select for January 2017 filings. To be eligible to file an employment-based (EB) adjustment application in January 2017, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country (changes from the last two months’ Visa Bulletin dates are shown in yellow). For the past three months, USCIS has allowed adjustment of status applications to be filed using the Dates for Filing Visa Applications chart for EB-1 through EB-4 filings.

Application Final Action Dates

EB

All Charge-

ability 

Areas Except

Those Listed

China

(mainland 

born)

El Salvador, 

Guatemala, 

and Honduras

India

Mexico

Philippines

1st

C

C

C

C

C

C

2nd

C

15OCT12 (was 22SEP12)

C

15APR08 (was 01FEB08)

C

C

3rd

01AUG16 (was 01JUL16) 

08SEP13 (was 01JUL13)

01AUG16 (was 01JUL16)

15MAR05

01AUG16 (was 01JUL16)

22JUL11

(was 01JUN11)

Other Workers

01AUG16 (was 01JUL16)

01DEC05 (was 01NOV05)

01AUG16 (was 01JUL16)

15MAR05

01AUG16 (was 01JUL16)

22JUL11 (was 01JUN11)

Dates for Filing Visa Applications

EB

All Charge-

ability 

Areas Except

Those Listed

China

(mainland 

born)

India

Mexico

Philippines

1st

C

C

C

C

C

2nd

C

01MAR13

22APR09

C

C

3rd

C

01MAY14

01JUL05 

C

01SEP13

Other Workers

C

01AUG09

01JUL05 

C

01SEP13 

How This Affects You

On the Application Final Action Dates chart, the cutoff dates for EB-1 will remain "current" for all chargeable countries, including India and China.

The EB-2 cutoff dates for the worldwide allotment as well as El Salvador, Guatemala, Honduras, Mexico, and the Philippines will also remain "current." Cutoff dates will advance by two and a half months for EB-2 India and by only three weeks for EB-2 China.

The EB-3 cutoff dates for the worldwide allotment as well as El Salvador, Guatemala, Honduras, and Mexico will advance by one month to August 1, 2016. Cutoff dates will advance by nine weeks to September 8, 2013 for EB-3 China and by one month to December 2, 2005 for EB-3 “Other Workers.” The cutoff date for EB-3 India remains at March 15, 2005. The cutoff date for EB-3 Philippines will advance by seven weeks to July 22, 2011.

The EB-5 China cutoff date will advance by two weeks to April 8, 2014.

As confirmed by the DOS, the EB-1 allotment should remain current in the coming months.

Read the January 2017 Visa Bulletin.

Copyright © 2017 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

TRENDING LEGAL ANALYSIS


About this Author

Eleanor Pelta  Morgan Lewis's, Labor and Employment law immigration and nation
Partner

Eleanor Pelta is a partner in Morgan Lewis's Labor and Employment Practice. With her practice focused on immigration and nationality law, Ms. Pelta assists corporate clients in various industries with the international transfer of key personnel. She is particularly knowledgeable about managing high-volume employee transfers, as her background includes assisting employers in gaining temporary and permanent visas for all types of business, scientific and executive personnel. Additionally, she advises clients on strategic issues involving movement of staff internationally,...

202-739-5050
Partner

Eric S. Bord is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Bord's practice focuses on immigration matters involving the recruitment, hiring, transfer, and retention of international personnel worldwide. In addition, he has particular knowledge in the areas of immigration-related compliance, I-9 and E-Verify rules, immigration investigations, and immigration due diligence for corporate transactions.

202-739-6040
Partner

A. James Vázquez-Azpiri is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Vázquez-Azpiri focuses his practice on business immigration law, assisting corporate clients with hiring and retaining foreign employees with regard to labor certifications, specialty occupation petitions and intra-company transfers. Mr. Vázquez-Azpiri is also a leading expert on immigration law compliance in the context of mergers, acquisitions and corporate restructuring. Mr. Vázquez-Azpiri helps clients think and work proactively by providing them with traditional compliance...

415-442-1343
Lisa Stephanian Burton, employment law attorney, osha compliance legal issues
Partner

Lisa Stephanian Burton is a partner in Morgan Lewis's Labor and Employment Practice. Ms. Burton counsels clients on a variety of labor and employment issues, including compliance with state and federal labor and employment laws and regulations; Occupational Safety and Health Administration (OSHA) matters; employment practices and policies; structuring the workforce; labor and employment implications of mergers and acquisitions; and hiring, firing, and reductions in force (RIF). She represents clients before state and federal agencies as well as before state and federal courts.

617-341-7725
Partner

Tracy Evlogidis is a partner in Morgan Lewis's Labour and Employment Practice. Tracy regularly advises companies and individuals on a full range of UK immigration issues, from visiting the UK to securing a British passport. 

Tracy has a wide client base, including media and entertainment clients and corporate organisations in industries such as financial services, technology, retail, education, and legal services. She also works with a number of private banks in advising high-net-worth individuals.

Tracy also advises on exceptional or complex applications for...

+44 (0)20 3201 5544