Visa Bulletin for May 2018

Introduction

On April 6, 2018, the U.S. Department of State (DOS) released the Visa Bulletin for May 2018 [PDF version]. The May 2018 Visa Bulletin contains dates for filing and application final action dates for beneficiaries of approved family-sponsored and employment-based immigrant visa preference petitions in that month. On April 16, 2018, the United States Citizenship and Immigration Services (USCIS) determined that beneficiaries of approved family-sponsored preference petitions must use the filing dates from the May 2018 Visa Bulletin in order to determine whether they are eligible to apply for adjustment of status, whereas similarly-situated beneficiaries of approved employment-based petitions must use the later final action dates [PDF version]. In this article, we will examine the relevant charts and the important news and notes from the May 2018 Visa Bulletin.

If you are not familiar with how the visa bulletins work, we have resources on site that provide background information. Please see our full articles on using the visa bulletin as an individual seeking adjustment of status [see article] and our post on the difference between the filing date and final action date charts [see article]. To track the progression of past visa bulletins, please see our index article with links to our posts throughout the past two fiscal years [see index].

Family-Sponsored Cases in the May 2018 Visa Bulletin

Beneficiaries of approved family-sponsored immigrant visa preference petitions who intend to seek immigrant visas through adjustment of status must use the filing date chart from the May 2018 Visa Bulletin in order to determine if they are eligible to file for adjustment of status during the month.

In order to be eligible to file for adjustment of status in May 2018, the beneficiary of the approved family-sponsored immigrant visa petition must have a priority date that is before the applicable filing date for his or her family-sponsored preference category and chargeability area. Furthermore, the individual must otherwise be eligible to apply for adjustment of status from inside the United States. In family-sponsored cases, the filing date is generally the date on which the immigrant visa petition was properly filed with the USCIS.

The following chart contains the filing dates for family-sponsored cases in May 2018, courtesy of the USCIS [see here].

As we explained, those seeking adjustment of status based on an approved family-sponsored preference petition must use the filing dates in May 2018. However, for your reference, we will also post the final action dates for family-sponsored cases in May 2018. In addition to providing an idea for when those seeking their immigrant visas through consular processing may have their interviews scheduled, it is possible that family-sponsored adjustment of status applicants will be required to use the final action dates in the latter months of the current fiscal year.

The following chart contains the final action dates for family-sponsored cases in May 2018, courtesy of the DOS [see here].

There is no annual numerical limit on the number of immigrant visas that may be allocated to immediate relatives of U.S. citizens. Accordingly, the visa bulletin does not cover immediate relative cases. A U.S. citizen may file an immediate relative petition on behalf of his or her spouse, unmarried child under 21 years of age, parent (provided U.S. citizen is older than 21), or orphan to be adopted abroad or in the United States.

Employment-Based Cases in the May 2018 Visa Bulletin

Beneficiaries of approved family-sponsored immigrant visa preference petitions who intend to seek immigrant visas through adjustment of status must use the final action date chart from the May 2018 Visa Bulletin in order to determine if they are eligible to file for adjustment of status during the month.

In order to be eligible to file for adjustment of status in May 2018, the beneficiary of the approved employment-based immigrant visa petition must have a priority date that is before the applicable filing date for his or her employment-based preference category and chargeability area. Furthermore, the individual must otherwise be eligible to apply for adjustment of status from inside the United States. In employment-based cases where labor certification was required, the priority date will generally be the date on which the labor certification application was approved by the U.S. Department of Labor (DOL). For employment-based cases for which labor certification was not required, the priority date will generally be the date on which the petition was properly filed with the USCIS.

The following chart contains the final action dates for employment-based cases in May 2018, courtesy of the USCIS [see here].

Please note that a final action date of “C” means that the date is “current.” In any preference category and chargeability area for which the final action date is current, any beneficiary of an approved immigrant visa petition may apply for adjustment of status in May 2018, provided that he or she otherwise meets the statutory requirements for adjustment.

Followers of the visa bulletin will note that May marks the first month that Vietnam has been added as a distinct chargeability area. The only categories in which Vietnam diverges from the worldwide final action dates are the two employment-based fifth preference investor categories. To learn more about why the DOS had to set a distinct final action date for Vietnam EB-5, please see our blog on the issue [see blog].

News and Notes from the May 2018 Visa Bulletin

As it has on every edition of the monthly visa bulletin in fiscal year-2018, the DOS noted that it expects to reach the annual limit of 50 Special Immigrant Visas in the SI category “early this year.” For this reason, DOS continues “to maintain a May Final Action Date of April 22, 2012” in this category. Once the 50-visa annual limit has been reached, the final action date will become “unavailable” until the start of the next fiscal year in October. The SQ Special Immigrant Visa for certain Iraqi and Afghan nationals employed on behalf of the U.S. government in Iraq or Afghanistan remains current.

Conclusion

Those seeking immigrant visas in one of the family-sponsored or employment-based preferences should monitor developments in the immigrant visa bulletin. This is especially important for those planning to apply for adjustment of status based on an approved immigrant visa preference petition. Those seeking immigrant visas are well advised to consult with an experienced immigration attorney for answers to any case-specific questions and guidance throughout the entire process.

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