Visa Bulletin for September 2018

Introduction: September 2018 Visa Bulletin

On August 7, 2018, the U.S. Department of State (DOS) released the September 2018 Visa Bulletin [PDF version]. The September Visa Bulletin is the final edition of the visa bulletin issued in fiscal year 2018. On August 9, 2018, the United States Citizenship and Immigration Services (USCIS) determined that family-sponsored adjustment of status applicants in the family-based preference categories must use the filing dates in the September Visa Bulletin, whereas employment-based adjustment of status applicants must use the less favorable final action dates [PDF version]. In this article, we will examine the relevant charts and other news and notes from the final visa bulletin of fiscal year 2018.

On site, we have several general resources about the visa bulletin. 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].

Family-Sponsored Cases in the September 2018 Visa Bulletin

The USCIS determined that the beneficiaries of approved family-sponsored preference petitions who intend to apply for adjustment of status must use the filing date charts on the September Visa Bulletin. This decision is favorable for family-sponsored applicants since the filing date cutoffs are generally later than the final action date cutoffs.

In order for the beneficiary of an approved family-sponsored immigrant visa preference petition to apply for adjustment of status in September 2018, his or her priority date must be earlier than the applicable filing date cutoff for the applicant's family-sponsored preference category and chargeability area. The filing date for a family-sponsored applicant is generally the date on which the immigrant visa petition was properly filed on his or her behalf with the USCIS. Please note that the applicant must be otherwise eligible to apply for adjustment of status under the Immigration and Nationality Act (INA) and its implementing regulations.

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

For your reference, we will also post the final action dates for family-sponsored cases. However, please note that those seeking adjustment of status must consult the filing date chart for September 2018. Below are the family-sponsored final action dates, courtesy of the DOS [see here].

Employment-Based Cases in the September 2018 Immigrant Visa Bulletin

The USCIS determined that beneficiaries of approved employment-based immigrant visa preference petitions must use the final action dates on the September 2018 Bulletin for determining adjustment of status eligibility.

In order for the beneficiary of an approved employment-based preference petition to apply for adjustment of status in 2018, his or her priority date must be earlier than the applicable final action cutoff date for his or her preference category and chargeability area. If labor certification was required for the underlying petition, the applicant's priority 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 no labor certification was required, the priority date will generally be the date on which the immigrant visa petition was properly filed with the USCIS. Please note that the applicant must be otherwise eligible to apply for adjustment of status under the Immigration and Nationality Act (INA) and its implementing regulations.

The following chart [see here], courtesy of the USCIS, contains the final action dates for family-sponsored cases in the September 2018 Visa Bulletin.

News and Notes in the September 2018 Visa Bulletin

Because the September 2018 Visa Bulletin is the final visa bulletin of fiscal year 2018, the DOS had to make several moves to constrain immigrant visa issuance within worldwide and country-by-country numerical limits. In the following subsections, we will examine the notable changes in the September Visa Bulletin from August and what we can expect looking forward to the beginning of fiscal year 2019 in October.

Worldwide Limits on Immigrants for Fiscal Year 2018

The DOS determined that the worldwide numerical limits on visas for fiscal year 2018 are as follows:

• Family-Sponsored Preference: 226,000
• Employment-Based Preference: 140,292

Section 202(a) of the INA limits the number of immigrant visas issued per country to 7-percent of the family and employment annual limits. Thus, the annual limit per country for fiscal year 2018 is 25,640., The dependent area annual limit, limited to 2-percent of the total, is 7,326.

Retrogression in Certain Family-Sponsored Dates

In the August 2018 Visa Bulletin, the DOS noted that the demand for visa numbers in several family-sponsored preference categories has been increasing. As a result, the dates for several family first and third preference category chargeability areas retrogressed in September. This retrogression of dates was necessary to hold visa issuance within the worldwide annual limits. The DOS stated that for the October Visa Bulletin the final action dates will return to at least where they were in August 2018 .

Oversubscription of Employment-Based Second and Third Preference Categories

In the August 2018 Visa Bulletin, the DOS noted that there was heavy demand for visa numbers in the employment-based second and third preference for the following chargeability areas: Worldwide, El Salvador, Guatemala, Honduras, Mexico, and Philippines. The DOS explained that some of this demand is attributable to “USCIS adjustment of status applicants as a result of the successful implementation of [USCIS's] new interview process.” Due to this demand, the DOS found it necessary to impose E2, E3, and EW final action dates for September. The imposition of these final action dates is temporary, and in October, the categories will return to the same status which they had in August.

Additionally, the DOS had to retrogress the September final action dates for the China E2 and India E2 and E3 categories. The DOS explained that in October, the final action dates will return to what they were in August.

Projecting Visa Availability in the Coming Months

In October, there will be significant movement in some of the final action and filing dates with the beginning of a new fiscal year. The DOS provided projections for movement in various categories over the coming months. However, it is important to bear in mind that “[t]he determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.”

Family-Sponsored (Worldwide):

• F1: Up to three weeks (after dates recover in October)
• F2A: Three to five weeks
• F2B: Up to six weeks
• F3: Three to five weeks (after dates recover in October)
• F4: Up to five weeks

Employment First Preference:

• The DOS will impose final action dates in October for all countries. The DOS expects that there may me limited forward movement prior to December.

Employment Second Preference:

• The worldwide dates are expected to remain stable for the foreseeable future.
• The dates for China are expected to move forward slowly, “pending receipt of demand from recent advances.”
• The dates for India are expected to move forward “[u]p to two weeks.”

Employment Third:

• The worldwide dates are expected to be current.
• The dates for China are expected to move forward up to three weeks.
• India can expect slow movement “pending receipt of demand from recent advances.”
• The dates for Mexico are expected to remain current.
• Philippines can expect “minimal” forward movement.

Employment Fourth:

• The DOS stated that the dates for the employment fourth preference category will be current for most countries.
• El Salvador, Guatemala, and Honduras are expected to see little, if any, forward movement.
• The dates for Mexico are expected to move forward up to three months.

Employment Fifth:

• The final action dates for most countries will remain current.
• For China-mainland born, the dates will move forward up to one week.
• Vietnam is expected to retain a final action date. This is noteworthy because the Vietnam employment fifth final action date was established in the middle of fiscal year 2018. However, Vietnam can expect “steady forward movement” in its final action date.

Conclusion

The September 2018 Visa Bulletin concludes the visa bulletins for fiscal year 2018. As always, it is important for those seeking immigrant visas — especially those intending to apply for adjustment of status — to stay abreast of developments in the immigrant visa bulletin. An individual with questions about the immigrant visa or adjustment of status process should consult with an experienced immigration attorney for case-specific guidance, including on movement in the immigrant visa bulletin.

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