The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other” nationalities. The setting of dates in these categories reflects the high demand for immigrant visas and lack of availability for prospective immigrants in these categories for the remainder of the fiscal year. We do not expect the government to move any filing dates forward until its new fiscal year begins on October 1, 2016.
For August 2016, the “application final action date” for India and Chinese chargeable individuals will be January 1, 2010 for first preference (EB-1) applicants. Please note that the “final action” chart in the Visa Bulletin has been the functional filing date chart for I-485s with USCIS despite the introduction of the separate “filing date” chart last year.
For employment based second preference (EB-2) category immigrant visa petition beneficiaries chargeable to the “all other” quota, the cutoff priority date has been set at February 1, 2014, with no movement from the July dates for EB-2 China and India.
Please contact an attorney with Mintz Levin’s Immigration Practice to discuss any questions you may have.