June 2019 Visa Bulletin

Introduction

On May 9, 2019, the U.S. Department of State (DOS) released the Visa Bulletin for June 2019 [PDF version]. The Visa Bulletin for June 2019 contains final action date charts and filing date charts for the family-sponsored and employment-based immigrant visa preference categories in June 2019 [PDF version]. On May 16, 2019, the United States Citizenship and Immigration Services (USCIS) determined that adjustment of status applicants in the family-sponsored preferences must use the dates for filing in June 2019 while employment-based adjustment applicants must use the final action dates.

In this article, we will examine the pertinent charts from the June 2019 Visa Bulletin, explain their relevance to adjustment of status applicants, and go over news and notes from the DOS.

To learn more about using the immigrant visa bulletin for adjustment of status, please see our full article on the subject [see article]. We have archived our articles on previous visa bulletins [see archive]. We discuss the difference between the dates for filing and final action dates in a separate blog post [see blog].

Family-Sponsored Cases

The USCIS has determined that beneficiaries of approved family-sponsored preference petitions must use the dates for filing to determine whether they can apply for adjustment of status in June 2019. The beneficiary of an approved family-sponsored preference petition must compare his or her priority date to the filing date cutoff on the visa bulletin for his or her preference category and chargeability area. A beneficiary of an approved family-sponsored immigrant visa petition in one of the preferences will be eligible to able to apply for adjustment of status in June 2019 if his or her priority date is before the applicable filing date cutoff on the immigrant visa bulletin, provided that the applicant is otherwise eligible for adjustment of status.

In most family-sponsored cases, the beneficiary's priority date is the date on which the immigrant visa petition was properly filed on his or her behalf with the USCIS.

The following chart reflects the family-sponsored dates for filing from the June 2019 Immigrant Visa Bulletin [see here].

For reference purposes, the following chart reflects the family-sponsored final action dates from the June 2019 Immigrant Visa Bulletin [see here].

Those planning to apply for adjustment of status must refer to the first chart — the dates for filing. The USCIS's determination that family-sponsored applicants must use the dates for filing is favorable since the filing dates are generally earlier than the final action dates.

Employment-Based Cases

The USCIS has determined that beneficiaries of approved employment-based preference petitions must use the final action to determine whether they can apply for adjustment of status in June 2019. The beneficiary of an approved employment-based preference petition must compare his or her priority date to the final action date cutoff on the visa bulletin for his or her preference category and chargeability area. A beneficiary of an approved employment-based immigrant visa petition in one of the preferences will be eligible to able to apply for adjustment of status in June 2019 if his or her priority date is before the applicable filing date cutoff on the immigrant visa bulletin, provided that the applicant is otherwise eligible for adjustment of status.

For employment-based immigrant visa petitions were labor certification is required, the petition beneficiary's priority date will generally be the date on which the labor certification application was accepted for processing by the U.S. Department of Labor (DOL). Cases where labor certification is not required work similarly to family-sponsored cases regarding the priority date. For employment-based petitions where no labor certification was required, the petition beneficiary's priority date will generally be the date on which the petition was properly filed with the USCIS.

Please note that a final action date or filing date designated as “C” means the date is “current” in June 2019. If the beneficiary of an approved employment-based petition is in a preference category and chargeability area with a final action date of “current” in June 2019, he or she will be able to apply for adjustment of status regardless of his or her priority date, provided that he or she is otherwise eligible for adjustment of status.

The following chart reflects the employment-based final action dates from the June 2019 Immigrant Visa Bulletin [see here].

For reference purposes, the following chart reflects the employment-based dates for filing from the June 2019 Immigrant Visa Bulletin [see here].

Again, it is important to reiterate that beneficiaries of employment-based immigrant visa petitions must use the final action dates to determine if they can file for adjustment of status in June 2019. Employment-based beneficiaries will likely have to use the final action dates for adjustment of status for the remaining months of fiscal year 2019.

News and Notes from the June 2019 Immigrant Visa Bulletin

The DOS posted two notes on the June 2019 Immigrant Visa Bulletin.

Note for India E1

The final action date for India E1 had been steady for the past three months. Due to a continuing “extremely high rate of demand” for India E1 numbers, the India E1 final action date retrogressed in June 2019 in order to keep India E1 visa allocation within the annual limit. The DOS explained that this final action date retrogression is temporary. “[T]he E1 date for India [will] return[] to at least February 22, 2017 for October, the first month of fiscal year 2020.”

Note for India E5

There is continued heavy demand for India E5 numbers. This will result in India approaching the per-country annual limit in July. The DOS stated that it is likely to impose a July final action date for India E5. The final action date “will be sometime in 2017.” In August, India will likely be subject to the same E5 final action date as China-mainland born for the rest of fiscal year 2019.

In October 2019 — the first month of fiscal year 2020 — the India E5 final action date will likely advance to the summer or fall of 2017.

Note for Vietnam E5

There is continued heavy demand for Vietnam E5 numbers as well. Similarly to India, this will result in Vietnam approaching the annual per-country E5 limit in July. For this reason, the DOS will likely impose a final action date on Vietnam E5 in July set sometime in 2017. In August, Vietnam will likely become subject to the same E5 final action date as China-mainland born for the rest of fiscal year 2019.

In October 2019 — the first month of fiscal year 2020 — the Vietnam E5 final action date will likely advance to the early winter of 2016.

Conclusion

It is important for beneficiaries of approved immigrant visa petitions in the preferences to stay abreast of the monthly immigrant visa bulletins — and especially important for those planning to apply for adjustment of status instead of obtaining a visa through consular processing. Immigrant visa applicants should consult with an experienced immigration attorney for any necessary case-specific guidance and assistance.

Please see our website's categories on the following subjects to learn about some of the specific types of processes and visas discussed in this article:

• Adjustment of Status [see category]
• Consular Processing [see category]
• Family Immigration [see category]
• Employment Immigration [see category]
• Investment Immigration [see category]

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com