The department of State (DOS) Visa Bulletin because that February 2016 outlining immigrant visa access has been released. USCIS continues to accept and adjudicate situations that space current, described as “Application Final activity Dates because that Employment-Based preference Cases” (“Final Action”). USCIS also noted that it may accept cases using a 2nd cut-off date scheme which to represent priority days that room not quite present yet, dubbed “Dates because that Filing of employed staff – Based Visa Applications” (“Date because that Filing”). Every month, USCIS determines whether the earlier “Dates because that Filing” chart might be provided for that month. Uneven USCIS especially permits the “Date for Filing” chart to be provided in a offered month, then the “Final Action” chart will certainly be offered to recognize when mediate of standing applications have the right to be filed. USCIS publishes information on i beg your pardon chart may be used for submit applications to adjust status on their website each month.
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On January 13, 2016, USCIS released on its website that the “Final Action” chart have to be used for the February 2016 Visa Bulletin, together follows:
Application Final action Dates for Employment-Based Preference Cases:
|Employment-Based||All Chargeability areas Except Those Listed||CHINA – mainland born||INDIA||MEXICO||PHILIPPINES|
|Certain religious Workers||C||C||C||C||C|
|5th Non-Regional facility (C5 and also T5)||C||15JAN14||C||C||C|
|5th regional Center (I5 and R5)||C||15JAN14||C||C||C|
The employment-based 2nd preference category (EB2) because that China relocated forward a month indigenous a final activity date of February 1, 2012 in January 2016 Visa Bulletin to a final action date of in march 1, 2012 in the February 2016 Visa Bulletin. Again, the final action date because that India relocated forward a couple of months native a final activity date that February 1, 2008 in the January 2016 Visa Bulletin to august 1, 2008 in the February 2016 Visa Bulletin. The EB2 classification for all various other countries, consisting of Mexico and the Philippines, remains current.
There was forward motion in every one of the employment-based 3rd preference category (EB3) final activity dates. The EB3 group for India continues to customs forward slightly another few weeks native a final action date of may 15, 2004 in the January 2016 Visa Bulletin come June 15, 2004 in the February 2016 Visa Bulletin. The EB3 category for China also moved forward, albeit through a couple of months, native a final activity date of July 1, 2012 in the January 2016 Visa Bulletin come a final action date that October 1, 2012 in the February 2016 Visa Bulletin. The EB3 category for the Philippines additionally moved forward quite a little bit by a pair months native November 1, 2007 in the January 2016 Visa Bulletin come January 8, 2008 in the February 2016 Visa Bulletin. This proceeds on a positive a confident trend offered that the EB3 classification for the Philippines had come to be unavailable in the July 2015 Visa Bulletin. All various other EB3 categories, including Mexico, kept a final action date of October 1, 2015 in the January and February 2016 Visa Bulletins.
There was additionally movement in the employment-based fifth preference category (EB5, or EB-5) for mainland China. When the final action date remains current for all other countries, the final activity date for non-regional center visa applicants native mainland China barely moved from January 8, 2014 in the January 2016 Visa Bulletin to January 15, 2014 in the February 2016 Visa Bulletin. Since the Senate prolonged the local center routine through come September 30, 2016, alters should be reflect in future visa bulletins, particularly the October 2016 Visa Bulletin.
The employment-based first preference classification (EB1) proceeds to remain present for both the final activity dates and also the filing dates for every countries.
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The final activity date is efficiently one’s place in line to immigrate. The final activity date is established when a PERM applications is filed v the room of Labor, or for those instances not request a PERM applications (typically EB1 cases and also EB2 applications in the nationwide interest), once the I-140 is filed through the USCIS. In the EB-5 context, the final activity date is the day that the form I-526, Immigrant Petition by alien Entrepreneur is received by USCIS. Because that family-based immigration cases, the final action date is created when the I-130 is filed through the USCIS. Individuals v final activity dates previously than the noted cut-off date on the bulletin are eligible to submit applications for adjustment of status (or consular visa applications) or if your applications are currently pending may have actually their instances adjudicated. If one’s final activity date is not “current” neither company may expropriate the instance for handling nor adjudicate a pending case because the “visa is not available” if the final activity date is no “current.”
Note the DOS looks at your nation of bear in determining even if it is you are a nationwide of a offered country, not your country of citizenship. That is nation of birth (yours or her spouse) the determines which country to i beg your pardon you room “charged” or “counted” versus for functions of long-term residency. For example, if you to be born in India however have due to the fact that become a citizen of Canada, you space still charged against India and also you have to look at advancements for India quite than global numbers. As one more example, if girlfriend (principal applicant top top an employed staff based process) were born in India however you space married to a person who to be born in Canada, both the you can be charged versus Canada. This latter instance is called “cross-chargeability.”
For general information ~ above visa retrogression, please watch our FAQ on this subject. For much more information on the Visa Bulletin and country quota movements, including information around movement in the Family-Based Quotas, please see our DOS Visa Bulletin and also Quota Movement page, which includes detailed nationality-specific charts that quota movement since 1996. Please likewise note that while conference is contemplating brand-new immigration legislation it is much too early to look in ~ the potential changes and also their impact on the immigration system. Until brand-new legislation is in reality passed and becomes law, we deserve to only look to the current laws for how situations will it is in processed.