Introduction
On June 11, 2018, the U.S. Department of State (DOS) released the Immigrant Visa Bulletin for July 2018 [PDF version]. The July Visa Bulletin contains final action dates and dates for filing for both the family-sponsored and employment-based immigrant visa preference categories for the month. One week later, the United States Citizenship and Immigration Services (USCIS) determined that family-sponsored adjustment of status applicants in July must use the dates for filing from the July Visa Bulletin whereas employment-based applicants must use the final action dates [PDF version]. In this article, we will examine the relevant charts from the July Visa Bulletin and discuss what they mean for adjustment of status applicants during the month.
We have several resources on site that discuss the visa bulletin in general. First, please see our guide to using the visa bulletin as an adjustment of status applicant [see article]. Second, please see our post where we discuss the differences between filing dates and final action dates [see article]. Finally, to see our previous posts on visa bulletins, please see our archive [see index]. For quick reference, the following is a link to our post on the June 2018 Visa Bulletin [see article].
Family-Sponsored Cases in the July 2018 Visa Bulletin
The USCIS determined that beneficiaries of approved family-sponsored preference petitions who are seeking adjustment of status must use the filing dates from the July Visa Bulletin. This decision will benefit some family-sponsored beneficiaries because the filing dates are generally more favorable to applicants than the final action dates.
In order for the beneficiary of an approved family-sponsored preference petition to apply for adjustment of status in July 2018, if otherwise eligible for adjustment, his or her priority date must be earlier than the filing date cutoff for his or her family-sponsored preference category and chargeability area. In family-sponsored cases, the beneficiaries priority date will generally be the date on which the immigrant visa petition was properly filed on his or her behalf with the USCIS.
The following chart, courtesy of the USCIS, contains the filing dates for family-sponsored cases from the July 2018 Visa Bulletin:
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| F1 | 08MAR12 | 08MAR12 | 08MAR12 | 01SEP98 | 15FEB08 |
| F2A | 01DEC17 | 01DEC17 | 01DEC17 | 01DEC17 | 01DEC17 |
| F2B | 08JAN12 | 08JAN12 | 08JAN12 | 08JUN97 | 15DEC07 |
| F3 | 22SEP06 | 22SEP06 | 22SEP06 | 08OCT98 | 01AUG95 |
| F4 | 01MAY05 | 01MAY05 | 01JAN05 | 01JUN98 | 01DEC95 |
Although family-sponsored adjustment of status applicants must use the filing dates for July 2018, we will include below the final action dates for reference, courtesy of the DOS:
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| F1 | 22APR11 | 22APR11 | 22APR11 | 01AUG97 | 01JUN06 |
| F2A | 22JUN16 | 22JUN16 | 22JUN16 | 08JUN16 | 22JUN16 |
| F2B | 15AUG11 | 15AUG11 | 15AUG11 | 08MAR97 | 01FEB07 |
| F3 | 01MAY06 | 01MAY06 | 01MAY06 | 01DEC95 | 15APR95 |
| F4 | 15NOV04 | 15NOV04 | 22MAR04 | 15JAN98 | 22MAR95 |
Employment-Based Cases in the July 2018 Visa Bulletin
The USCIS determined that beneficiaries of approved employment-based petitions who are seeking adjustment of status must use the final action dates from the July Visa Bulletin.
In order for the beneficiary of an approved employment-based preference petition to apply for adjustment of status in July 2018, if otherwise eligible for adjustment, his or her priority date must be earlier than the final action date for his or her employment-based preference category and chargeability area. If labor certification was required for the applicant’s employment-based petition to be approved, the final action date will generally be the date on which the labor certification application was approved by the U.S. Department of Labor (DOL). In cases where labor certification was not required, the priority date will generally be the date on which the immigrant visa petition was properly filed with the USCIS.
The following chart contains the final action dates for employment-based cases in the July 2018 Visa Bulletin, courtesy of the USCIS:
| Employment-Based | All Chargeability Areas Except Those Listed | CHINA-mainland born | El SALVADOR GUATEMALA HONDURAS | INDIA | MEXICO | PHILIPPINES | VIETNAM |
|---|---|---|---|---|---|---|---|
| 1st | C | 01JAN12 | C | 01JAN12 | C | C | C |
| 2nd | C | 01JAN15 | C | 15MAR09 | C | C | C |
| 3rd | C | 01JAN13 | C | 01NOV08 | C | 01JAN17 | C |
| Other Workers | C | 01MAY07 | C | 01NOV08 | C | 01JAN17 | C |
| 4th | C | C | 08FEB16 | C | 08FEB16 | C | C |
| Certain Religious Workers | C | C | 08FEB16 | C | 08FEB16 | C | C |
| 5th Non-Regional Center (C5 and T5) | C | 01AUG14 | C | C | C | C | 01AUG14 |
| 5th Regional Center (I5 and R5) | C | 01AUG14 | C | C | C | C | 01AUG14 |
Please note that “C” stands for “current.” Any beneficiary of an approved employment-based preference petition who is otherwise eligible for adjustment of status may apply for adjustment in July 2018 if the date for his or her preference category and chargeability area is current.
News and Notes from the July Visa Bulletin
In the June Visa Bulletin [see article], the DOS advised readers that it would have to retrogress the July final action dates in the Mexico E4 and SR categories. The retrogression of these final action dates did occur. The DOS states in the July Visa Bulletin that the Mexico E4 and SR final action dates will return to October 22, 2016, for the October 2018 Visa Bulletin, which will be the first visa bulletin for fiscal year 2019.
In addition to retrogressing the final action dates in the Mexico E4 and SR categories, the DOS also found it necessary to retrogress the final action dates in the China E3 category to keep the numbers within per-country limit for the fiscal year. The reason for this retrogression is “due to the ‘downgrading’ of status by applicants who had originally filed in the Employment Second preference [category].” The DOS states that the China E3 final action date will return to June 1, 2015, in the October 2018 Visa Bulletin.
The DOS explained that “there has been a steadily increasing level of Employment-based demand for adjustment of status cases filed with [the USCIS].” Due to this demand, the DOS stated that it may be necessary to establish priority dates in certain employment-based categories that are currently current or to retrogress priority dates in certain categories. If this occurs, we will see it reflected in the August and/or September Visa Bulletins. The DOS added that if these actions are necessary, “there would be a full recovery in the preference category for October…”
Finally, the USCIS has not yet reach the annual fiscal year 2018 limit of 50 Special Immigrant Visas in the SI category, although it still expects to do so. The final action date in the SI category remains set at April 22, 2012. If the USCIS reaches the annual limit of 50 SI visas, the priority date will become unavailable until October 2018. This note has no bearing on the SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan. The priority date in this category remains current.
Conclusion
Those seeking to apply for adjustment of status on the basis of an approved preference petition should stay abreast of developments in the immigrant visa bulletin in order that they will be prepared to apply for adjustment [see category] at the first opportunity. In general, it is helpful to work with an experienced immigration attorney throughout the entire process. Counsel is also important for those applying for their visas overseas through consular processing [see category]. Please follow our site for updates on the upcoming August 2018 Visa Bulletin when it becomes available.
