EB1 Cutoff Expected in August 2016 for India and China

The U.S. Department of State (DOS) Visa Control and Reporting Division Chief, Charles Oppenheim, has confirmed that a cutoff date will be established in the employment-based, first preference (EB1) category in the August 2016 Visa Bulletin. The cutoff date will only apply to India and China, and is expected to be pushed back to January 1, 2010. This category then will return to being current for all countries on October 1, 2016, which will be the first day of fiscal year 2017.

EB1 Cutoff Date Confirmed for August 2016

The DOS previously cautioned of the anticipated need to establish a cutoff date in EB1, but indicated that this may not occur until September 2016. The DOS has now confirmed it will be necessary to take this action in August for both India and China. This category typically is current for every country of chargeability.


This development is yet another symptom that demand for visa numbers continues to far outstrip supply. The DOS must take the step of establishing an EB1 cutoff date during the final months of the current fiscal year in order to keep number usage within the statutory limits.


Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.