Retrogression, Cutoff Dates Announced In August Visa Bulletin

The latest Visa Bulletin released for August by USCIS has made a splash among the EB3 cases by announcing a three-year retrogression in its dates. Starting August, Employment Application Final Action Dates which determine when Form I-485 can be approved for legal permanent residency in the US has moved back by two-and-a-half-years for Indian applicants under the EB-3 category and by three years for Rest of the World (ROW) under the same category. They are now poised at January 1, 2006 and July 1, 2016 respectively.

As for the remaining Employment based (EB) categories, EB-1 India has seen no change while EB-2 has moved up by one week. All other EBs for other countries including China, Mexico and Philippines and ROW have all had cutoff dates assigned to them that go back anywhere from six months to three years. These cutoff dates were introduced by USCIS for most of the EB-2 and EB-3 ROW to combat the increasing demand for an adjustment of status for EB applications within the maximum allowed under the annual limits for FY 2019. This is said to be a temporary arrangement until the loads are processed. Once October rolls in, the chances of these dates returning to original final action dates are high.

Are you filing for an Adjustment of Status (AOS)?

Here is everything you need to know

The filing dates for all of the employment based categories will be seeing no changes in August.

The family-based (FB) category is showing a better picture with most of it being pushed forward by one week to six months. This is applicable to both final action and filing dates.

So, all future I-485 filers have the remaining part of July to file before these dates will retrogress in August and those who have already have them pending will have to wait until October and hope that these cutoff dates will bounce back to the original.

As mentioned in our July analysis of the Visa Bulletin, family-based 2A category applicants, both future and current in the US presently can file for an adjustment of status right away since these dates are current. Concurrent filing of I-130 and I-485 are also possible and should be taken advantage of.

Stay tuned for the latest changing dates on Trackitt where we bring you every discussion on visa bulletins to your doorstep.

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