November 2016 Visa Bulletin Analysis for Employment-Based (EB) Immigrant Visas
Below is our monthly analysis of the State Department’s Visa Bulletin regarding employment-based immigration. November will see some slow but steady advancement in some categories, with a few larger advancements.
EB-1 applicants are still current.
For EB-2 category visas, we saw a lot of advancement for all countries. EB-2 India advanced almost ten months to November 1, 2007, while EB-2 China advanced five months to July, 15 2012. All other areas remain current.
EB-3 visas also saw advancement in all areas, with EB-3 China and EB-3 Philippines seeing the most movement. EB-3 China advanced by almost three months and EB-3 Philippines advanced by four months. All other areas advanced by one month.
For EB-4 visas, all areas are current but El Salvador, Guatemala and Honduras advanced by six months. We are now close to having all EB-4 visas current.
For EB-5 visas, all areas remain current except for China, which advanced by two weeks to March 8, 2014.
For applicants seeking to make an adjustment of status, USCIS has noted on its web site that if it determines that there are more immigrant visas available for the fiscal year than there are known applicants, then applicants may use the "Dates for Filing Visa Applications" charts instead of the “Application Final Action Dates” charts. Applicants may check which chart they may use at: www.uscis.gov/visabulletininfo. As of December 14, 2015, all employment-based filings must use the “Application Final Action Dates” charts. All family-based applications may use the "Dates for Filing Visa Applications" charts.
Dates for Final Action (Green Card Approval)
Dates for Initial Filing
Unfortunately, we saw very little movement in the dates for initial filing.
First Preference Immigrant Workers (EB-1): Priority Workers
All those who qualify as EB-1 workers continue to have no priority date cut-off. (They are also immediately eligible to petition for permanent residence because no labor certification is required.) The three types of immigrant who qualify as EB-1 workers are “persons with extraordinary ability in the sciences, arts, or business,” “outstanding professors and researchers,” and “multinational managers or executives.”
Second Preference Immigrant Workers (EB-2): “Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability”
To qualify as an EB-2 worker, one must either hold an advanced degree, a baccalaureate degree with at least five years of “progressive experience” in the field one wishes to enter in the United States, or be considered a “person of exceptional ability in the sciences, arts, or business.” Many EB-2 workers have no priority date cutoff. However, the two largest areas, India and mainland China, do.
For Final Action Dates, the Chinese date has finally moved forward, but just by one month. The Indian date on the other hand, has leapt forward seven months. The Indian date has been experiencing great advancements in recent months in the EB-2 category.
Third Preference Immigrant Workers (EB-3): “Skilled Workers and Professionals” and “Other Workers”
Third Preference “EB-3” workers are effectively cut into two sub-categories: “Skilled Workers and Professionals,” and “Other Workers.” (For all areas except China, both sub-categories share the same date.**)
All EB-3 immigrants have priority date cut-offs, however those from China, India, and the Philippines are facing significant wait times.
Certain Special Immigrants (EB-4)
EB-4 is an umbrella category for many disparate and specific sub-categories. They are:
|Afghan/Iraqi Translators;||Members of the Armed Forces;|
|Broadcasters;||Panama Canal Zone Employees;|
|Children and Spouses of Deceased NATO-6 employees;||Physicians;|
|Employees of International Organizations;||Religious Ministers; and|
|Iraqis that assisted the United States;||Retired NATO-6 employees.|
Immigrants that fit any of these descriptions, except for EB-4 Certain Religious Workers, are able to petition for permanent residence without delay (because no labor certification is required). We can determine what applicants stand a good chance of qualifying as an EB-4.
The good news, is that Congress passed legislation in December extending the EB-4 Certain Religious Workers category, and priority dates remain current in this category for all areas.
Employment Creation (EB-5)
This category is for immigrant investors. To qualify in most locations, $1,000,000 must be invested, but in “Target Employment Areas” this is cut by half. (These are rural areas or places with unemployment rates at least 1.5 times the national average according to the Bureau of Labor Statistics.) In both cases however, the investment must create or save at least 10 U.S. jobs to ultimately qualify for permanent residence. They can invest directly and run their own businesses, or they can invest with less risk through a “regional center.” We have written several articles on the subject.
Until some months ago, there had never been a cutoff date in this category. Now, only Chinese applicants have one. Priority date cutoffs affect this category somewhat differently than they do the others. While potential Chinese investors can start the process right away, only those whose I-526 petitions were received by USCIS before January 15, 2014 may obtain EB-5 residence. This period only sees a one week improvement, and this creates a complicated situation. We have a blog article that provides greater insight on the subject.
The cutoff date has finally reached 2014. From October until now, it had been a possibly moot issue for investors already in the U.S., because the Initial Filing Date was close to the present. However, this period the Initial Filing Date has retrogressed two weeks, back to May 1, 2015. Because the feasibility of staying in the U.S. on valid status for between the filing of the I-526 and I-485 petitions is unclear for many potential EB-5 immigrants, the retrogression of the Initial Filing Date doesn’t pose as much clear inconvenience in this category as in EB-2 or 3.
Thankfully, Congress enacted legislation in December renewing the EB-5 program this fiscal year.