The department of State (DOS) Visa Bulletin for March 2016 outlining immigrant visa availability has to be released. USCIS continues to accept and also adjudicate cases that are current, referred to as “Application Final activity Dates for Employment-Based choice Cases” (“Final Action”). USCIS also provided that it may accept cases using a 2nd cut-off date scheme which to represent priority dates that room not quite present yet, dubbed “Dates for Filing of employed – Based Visa Applications” (“Date for Filing”). Each month, USCIS determines even if it is the previously “Dates for Filing” chart may be offered for that month. Uneven USCIS especially permits the “Date because that Filing” graph to be used in a given month, then the “Final Action” chart will be used to identify when convey of status applications deserve to be filed. USCIS publishes details on i beg your pardon chart may be supplied for submit applications to readjust status top top its website each month.
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On February 11, 2016, USCIS published on its website that the “Final Action” chart have to be supplied for the march 2016 Visa Bulletin, as follows:
Application Final activity Dates for Employment-Based Preference Cases:
|Employment-Based||All Chargeability locations Except Those Listed||CHINA – mainland born||INDIA||MEXICO||PHILIPPINES|
|Certain religious Workers||C||C||C||C||C|
|5th Non-Regional facility (C5 and T5)||C||22JAN14||C||C||C|
|5th local Center (I5 and R5)||C||22JAN14||C||C||C|
The employment-based 2nd preference group (EB2) for China relocated forward from a final activity date of march 1, 2012 in the February 2016 Visa Bulletin to a final action date of august 1, 2012 in the march 2016 Visa Bulletin. Again, the final action date for India moved forward a few months indigenous a final action date of respectable 1, 2008 in the February 2016 Visa Bulletin to a final action date the October 15, 2008 in the in march 2016 Visa Bulletin. The EB2 category for all other countries, including Mexico and also the Philippines, continues to be current.
There to be forward activity in all of the employment-based 3rd preference categories (EB3) final action dates. The EB3 category for India proceeds to inch forward slightly one month indigenous a final action date the June 15, 2004 in the February 2016 Visa Bulletin to a final activity date that July 15, 2004 in the march 2016 Visa Bulletin. The EB3 group for China also moved forward fairly a bit from a final action date that October 1, 2012 in the February 2016 Visa Bulletin come a final action date the June 1, 2013 in the march 2016 Visa Bulletin. The EB3 category for the Philippines additionally moved forward rather a bit by a couple months native January 8, 2008 in the February 2016 Visa Bulletin to a final action date of march 15, 2008 in the march 2016 Visa Bulletin. This continues on a positive a positive trend provided that the EB3 group for the Philippines had come to be unavailable in the July 2015 Visa Bulletin. All various other EB3 categories, consisting of Mexico, relocated forward rather a few months indigenous a final activity date of October 1, 2015 in the January and February 2016 Visa Bulletins to a final action date the January 1, 2016 in the march 2016 Visa Bulletin.
There was likewise movement in the employment-based fifth preference category (EB5, or EB-5) for mainland China. While the final action date remains present for all various other countries, the final action date for non-regional facility visa applicants indigenous mainland China barely moved a couple of days from January 15, 2014 in the February 2016 Visa Bulletin come a final activity date of January 22, 2014 in the march 2016 Visa Bulletin. Since the Senate extended the regional center regimen through come September 30, 2016, changes should be reflect in future visa bulletins, particularly the October 2016 Visa Bulletin.
The employment-based first preference category (EB1) proceeds to remain existing for both the final activity dates and the filing dates for all countries.
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The final activity date is efficiently one’s ar in heat to immigrate. The final activity date is created when a PERM applications is filed v the department of Labor, or for those instances not inquiry a PERM application (typically EB1 cases and EB2 applications in the national interest), as soon as the I-140 is filed with the USCIS. In the EB-5 context, the final action date is the date that the form I-526, Immigrant Petition by alien Entrepreneur is obtained by USCIS. Because that family-based immigrant cases, the final activity date is developed when the I-130 is filed v the USCIS. Individuals with final activity dates previously than the detailed cut-off date on the bulletin are eligible to send applications because that adjustment of condition (or consular visa applications) or if your applications are currently pending may have actually their situations adjudicated. If one’s final action date is no “current” neither agency may expropriate the instance for processing nor adjudicate a pending case due to the fact that the “visa is no available” if the final activity date is not “current.”
Note the DOS looks at your country of birth in determining whether you space a national of a offered country, not your nation of citizenship. That is country of birth (yours or your spouse) that determines which country to which you are “charged” or “counted” versus for objectives of long-term residency. Because that example, if you to be born in India but have due to the fact that become a citizens of Canada, you are still charged against India and also you have to look at breakthroughs for India fairly than worldwide numbers. As an additional example, if you (principal applicant on an employed based process) to be born in India however you room married to a human who to be born in Canada, both that you can be charged against Canada. This latter instance is referred to as “cross-chargeability.”
For general information ~ above visa retrogression, please view our FAQ on this subject. For much more information ~ above the Visa Bulletin and country quota movements, including information around movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts that quota movement due to the fact that 1996. Please likewise note the while congress is contemplating brand-new immigration law it is much too beforehand to look at the potential changes and their impact on the immigrant system. Until new legislation is actually passed and also becomes law, we have the right to only look come the present laws for how cases will be processed.