Significant retrogression for EB-1 India and China.

The US Department of State has released its June 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 June 2017 Visa Bulletin Say?

The June 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 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.

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 USCIS will select for June 2017 filings. If USCIS uses the Dates for Filing Visa Applications Chart, it will be far more advantageous for nationals of China and India in the EB-1 category.

To be eligible to file an employment-based (EB) adjustment application in June 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 (changes from last month's Visa Bulletin are shown in yellow).

On the Application Final Action Dates chart, the cutoff dates for EB-1 will remain "current" for all chargeable countries except India and China. These countries will retrogress to January 1, 2012.

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

The EB-3 cutoff dates for the worldwide allotment as well as for El Salvador, Guatemala, Honduras, and Mexico will advance by one month to April 15, 2017. The cutoff date for EB-3 China will remain at October 1, 2014, and the cutoff date for EB-3 India will advance by seven weeks to May 15, 2005. The cutoff date for EB-3 Philippines will advance by two months to May 1, 2013.

The EB-5 China cutoff date will advance by 10 days to June 8, 2014.

On the Dates for Filing 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 for El Salvador, Guatemala, Honduras, Mexico, and the Philippines will also remain "current." Cutoff dates for EB-2 China will remain at October 1, 2013. Cutoff dates for EB-2 India will also remain at February 1, 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 remain at April 22, 2006. Finally, cutoff dates for EB-3 Philippines will remain at July 1, 2014.

The State Department projected that EB-3 China will retrogress no later than August 2017.

Read the June 2017 Visa Bulletin.

This article is provided as a general informational service and it should not be construed as imparting legal advice on any specific matter.