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Surprise — August Visa Bulletin Retrogresses

July 18, 2019

The Department of State has issued the August 2019 visa bulletin. Unfortunately, many visa categories will backlog as we approach the end of fiscal year 2019. EB-1 will retrogress approximately two years across the board. Based on past trends, we expect this category to move forward at the beginning of fiscal year 2020. For now, all foreign nationals except those born in India can apply for adjustment of status if their priority date is on or before July 1, 2016. Foreign nationals born in India must have a priority date on or before January 1, 2015 to apply.

Last month, the EB-2 was current for all foreign nationals besides those born in China and India. While China and India showed slight movement forward, foreign nationals born in all other countries may only file for adjustment of status if their priority date is on or before January 1, 2017.

EB-3 and Other Workers backlogged for all countries except China and those August dates became effective immediately. USCIS  is still accepting adjustment of status applications according to the July visa bulletin, but the  applications will be on hold until numbers become available again. India retrogressed three years, limiting the pool of eligible applicants for adjustment of status to those whose priority date is on or before January 1, 2006. China moved forward six months. For all other countries, beginning August 1 foreign nationals must have a priority date on or before July 1, 2016 to apply for adjustment of status.

Family-Based Categories: While some categories will remain stagnant, most categories will move forward two to four months.

 

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