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US Department of State Releases November 2017 Visa Bulletin

EB-1 remains current, minimal advancement in other categories.

The US Department of State has released its November 2017 Visa Bulletin, setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments and consular immigrant visa application filings and approvals.

What Does the November 2017 Visa Bulletin Say?

The 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 adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted. Unless otherwise indicated on the US Citizenship and Immigration Services (USCIS) website, individuals seeking to file applications for adjustment of status with USCIS must use the Application Final Action Dates chart below. USCIS has not yet indicated which set of cutoff dates will control in November.

To be eligible to file an employment-based (EB) adjustment application in November 2017, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country.

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

15JUN13 (was 22MAY13)

C

08OCT08 (was15SEP08)

C

C

3rd

C

01FEB14 (was 01JAN14)

C

15OCT06

C

05JAN16 (was 01DEC15)

Other Workers

C

01APR06 (was 01JAN06)

C

15OCT06

C

01JAN16 (was 01DEC15)

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

15NOV13

08FEB09

C

C

3rd

C

01SEP15

01JAN08

C

01AUG16

Other Workers

C

01JUN08

01JAN08

C

01AUG16

On the Application Final Action Dates chart, the cutoff dates for EB-1 for all chargeable countries, including India and China, and the EB-2 cutoff dates for the rest of the world, El Salvador, Guatemala, Honduras, Mexico, and the Philippines allotment will remain “current.”  The EB-2 cutoff for China will advance by three weeks to June 15, 2013. Cutoff dates for EB-2 India will move forward three weeks to October 8, 2008.

The EB-3 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, and Mexico will remain “current.” The cutoff date for EB-3 China will advance by one month to February 1, 2014, and the cutoff date for EB-3 India will remain at October 15, 2006. The cutoff date for EB-3 Philippines will advance by six weeks, to January 15, 2016.

Note that for China, the EB-3 cutoff dates continue to be ahead of the EB-2 cutoff dates (February 15, 2014 v. June 3, 2013). This anomalous situation continues a trend that started some months ago. Many applicants from China have applied for a “downgrade” from EB-2 to EB-3 to take advantage of the more advantageous EB-3 cutoff dates.

The Dates for Filing chart reflects no change from the October Visa Bulletin. Cutoff dates for EB-1 will remain “current” for all chargeable countries, including India and China. The EB-2 cutoff dates for the rest of the world, El Salvador, Guatemala, Honduras, Mexico, and the Philippines allotment will also remain “current.” Cutoff dates for EB-2 China will remain at November 15, 2013. Cutoff dates for EB-2 India will remain at February 8, 2009. Cutoff dates for EB-3 China will remain at September 1, 2015, and for “other workers” the cutoff dates will remain at June 1, 2008. Cutoff dates for EB-3 India will advance to January 1, 2008. Finally, cutoff dates for EB-3 Philippines will remain at August 1, 2016.

Copyright © 2022 by Morgan, Lewis & Bockius LLP. All Rights Reserved.National Law Review, Volume VII, Number 289
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About this Author

Eric Bord, Immigration Attorney, Morgan Lewis
Partner

Eric S. Bord counsels clients on corporate immigration issues involving the recruitment, hiring, transfer, and retention of personnel worldwide. He also advises businesses on compliance and risk management in connection with their global immigration programs. This includes counseling on compliance with I-9 and E-Verify rules, advising clients during immigration investigations, and conducting immigration due diligence for corporate transactions. Eric heads Morgan Lewis’s immigration compliance and risk management practice.

202-739-6040
A James Vazquez-Azpiri, Morgan Lewis, employment attorney
Partner

A. James Vázquez-Azpiri counsels corporate clients on hiring and retaining foreign employees in his business immigration law practice. He advises businesses on labor certifications, specialty occupation petitions, and intracompany transfers. Clients rely on James for guidance through immigration law compliance during mergers, acquisitions, and corporate restructurings. He helps clients think and work proactively by providing them with traditional compliance policy reviews and audits, case management and litigation technology, and international executive travel and...

415-442-1343
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