November 2015 Visa Bulletin: EB Dates of Filing Unchanged

As the controversy over the October 2015 Visa Bulletin continues, the U.S. Department of State (DOS) has released the November 2015 Visa Bulletin. There is no movement in this month’s visa bulletin under the dates for filing (DF) chart. But, some cutoff dates do move forward in the final action (FA) chart.

I-485 Applications Based on DF vs FA Chart

Each month, the U.S. Citizenship and Immigration Services (USCIS) will determine whether the cutoff dates in the DF chart may be used as a basis for filing an adjustment-of-status application (form I-485). Otherwise, the FA chart, which tends to have less-favorable dates, may be used. This decision will be announced each month on a designated USCIS webpage approximately one week after the visa bulletin is released. As of the time of this writing, no determination has been made yet for the November 2015 Visa Bulletin.

Visa Bulletin Summary

Employment-Based, Second Preference (EB2)

With the exception of India and China, the EB2 category is current for both final action (FA) and date of filing (DF). As mentioned above, the DF cutoff dates have not changed from the cutoff dates in the revised October 2015 Visa Bulletin. Thus, India’s EB2 DF cutoff date remains as July 1, 2009 and China’s remains as January 1, 2013. The FA cutoff dates for India advance by more than a year to August 1, 2006. China’s FA date advances by a month to February 1, 2012.

Employment-Based, Third Preference (EB3)

The EB3 worldwide category continues to be very favorable, although it does not change in the month of November. The EB3 worldwide FA date remains as August 15, 2015 and the DF cutoff date stays at September 1, 2015. The same cutoff dates apply to EB3 Mexico. China’s EB3 FA date advances by more than two months to January 1, 2012. China’s EB3 DF cutoff date is unchanged at October 1, 2013.

The Philippines FA inches forward to January 15, 2007. The DF cutoff date of January 1, 2010 is far more favorable. EB3 India, while still extremely retrogressed, progresses by several weeks to April 1, 2004. The DF date stays still at July 1, 2005.

Employment-Based, Third Preference (EB3) Other Workers

As is typically the case, the cutoff dates in EB3 other workers match the cutoff dates in the general EB3 category. This applies to the FA and DF cutoff date charts. The exception is China, with an EB3 other worker cutoff date of April 1, 2006 for FA, and a DF date of January 1, 2007.

Employment-Based Fifth Preference (EB5)

The EB5 category is current under both the FA and DF charts for all countries, with the exception of China. EB5 China’s cutoff date for FA moves to November 22, 2013. Under the DF chart, EB5 China remains with a cutoff date of May 1, 2015.

Conclusion

Many stakeholders remain stunned by the government’s objectionable actions related to the October 2015 Visa Bulletin. There was some hope that the DOS would try to mitigate some of the harm done by moving the DF cutoff dates forward in November. This has not come to pass, but efforts continue on a number of fronts. MurthyDotCom will continue to provide updates on key visa bulletin developments as information becomes available.

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