Check-in with DOS’s Charlie Oppenheim: July 16, 2018
The final action date for EB-1 Worldwide China and EB-1 India will hold at January 1, 2012 in August, and again for September, with the anticipated recovery of visa availability in October. Charlie will continue to watch trends over the summer and is working closely with USCIS to determine applicant demand which will be eligible for processing in October.
Employment-Based Preference Categories
Summer of 2007 Déjà Vu? As noted in the August Visa Bulletin, “it has been necessary to impose an E1 Final Action Date for the month of August, with this date being imposed immediately.” This statement has prompted questions by AILA members as to whether USCIS will continue to accept EB-1 Worldwide adjustment of status applications for the duration of July. Members who lived through the summer of 2007 can take comfort that an abrupt end to filings is not expected. In using the term “immediately,” Charlie did not mean to imply that USCIS would stop accepting all EB-1 Worldwide applications as of the date of publication of the Bulletin. The term “immediately” simply refers to the future authorization of EB-1 numbers for cases being interviewed in July. Absent a contrary announcement from USCIS, Charlie fully expects USCIS will continue to interview scheduled applicants and accept all EB-1 Worldwide I-485s for filing. However, upon conclusion of the immigrant visa interview, if the applicant’s priority date is on/after May 1, 2016, the request for an immigrant visa will be put in Charlie’s pending demand file until the final action date again becomes current and the adjustment of status can be granted. Further retrogression of the EB-1 Worldwide final action date cannot be ruled out in September, but there will be a recovery of the date in October.
China. EB-2 China advances two months to March 1, 2015 and EB-3 China advances 1.5 years to July 1, 2014 in August. EB-3 China, which had recently retrogressed due to significant downgrade demand, has subsided somewhat, allowing for this forward movement. At this point there has not been a dramatic increase in EB-2 China demand based on movement of that date, which is allowing some of these numbers to fall to EB-3. Charlie cautions against expectations of regular advancement of EB-3 China during FY-2019, as such movements are dependent on the development of future demand patterns.
EB-5. EB-5 China Non-Regional Center and Regional Center will continue to hold at August 1, 2014 in August and is expected to advance one week either in September or in October.
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