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21 January 19, 2018 All IMMIGRATION, CIVIL, CRIMINAL Matters Call Us • We Can Help • FREE CONSULTATION Law Offices Nicholas J. Mundy, Esq. PLLC Tel: 718-858-1030 Fax: 718-679-9794 Cell: 646-623-5892 ● 16 Court Street, Suite 2901, Brooklyn, NY 11241 Attorney Nicholas J.Mundy Know Your Rights ! Law Offices of G O PA L T. K U K R E J A FREE CONSULTATION 53 Co l ony Lane , Syos se t , NY 11791 Attorney at Law Ph: 212 594 0977 / Cell:516 476 1139 Family & Employment Immigration, Deportations, Appeals to BIA Circuit Courts, Business & Real Estate Closings, Divorce, Incorporation & Contracts, Wills, Landlord-Tenant, Personal Injury & Litigations. www. H1B1 .com 1270 Broadway, Suite 510, New York, NY-10001 Tel: (212) 268-3580 Email: • Website: Law Office of Ajay K. Arora Click here for immigration questions USA IMMIGRATION EXPLAINED To Listen through Home or Mobile Just Dial (408) 418-5000 Request Line: (732) 800-1008 Listen Live Radio FREE Radio on your phones Anytime anywhere IMMIGRATION By: David Nachman, Michael Phulwani and Ludka Zimovcak, Esq. E B4 Religious Workers and EB5 Regional Center Categories ʺUnavail­ able . Congressional authorization for the EB4 Certain Religious Workers (SR) and EB5 Regional Center (I5 and R5) categories will sunset on December 22, 2017, if they are not reauthorized by Congress. If legislative action is taken to extend the authorization for these categories, EB4 (SR) final action dates would become current, except EB4 El Salvador , Guatemala , and Honduras , which would have a final action date of December 1, 2015, and EB4 Mexico , which would have a final action date of June 1, 2016. EB5 China NonRegional Center . This category advances one week to July 22, 2014, in January. EB1 China and EB1 India . These cate­ gories will remain current for the coming months, but the impo­ sition of a final action date in the summer remains possible. EB2 Worldwide . The final action dates for this category will remain current for the fore­ seeable future. DOS notes a decrease in EB2 Worldwide demand, which could be exacer­ bated by the transition of employmentbased I485 processing to the local USCIS field offices. EB2 China and EB3 China . In January, EB2 China and EB3 China advance by more than one month to August 8, 2013, and April 15, 2014, respectively. EB2 India . Consistent with DOSʹs predic­ tions, in January, EB2 India will again ad­ vance by less than one month from November 1, 2008, to November 22, 2008. It is not likely that the final action date for this category will move into 2009 before summer. EB3 India . The final action date for EB3 India will advance two weeks from October 15, 2006, to November 1, 2006, in January. As we move into the second quarter of Fiscal Year (FY) 2018, demand in this category is levelling out following heavy visa number usage in October. This allows for modest forward advancement which DOS hopes will continue at the pace of up to a few weeks each month. EB3 Philippines . In January, EB3 Philip­ pines advances one month to February 15, 2016. The final action date in this category held last month due to a surge in demand, which has since disappeared, allowing for this forward movement. Additional forward movement is possible, but DOS does not want to advance the category too fast in case the decline in demand is only temporary. FamilyBased Categories The recent retrogressions in FB1 Philippines and FB2B Philippines may continue to hold for a while. FB1 Philippines has already used more than forty percent of its annual numbers, whereas it normally uses fiftyfour percent of its visa numbers by March. This means that FB1 Philippines only has approximately eleven percent of its numbers to use between January and March. FB4 India is advancing, and the FB2A category for all countries is also moving faster than expected. Members should continue to watch these categories closely. Posting of Projections in the Visa Bulletin Members should not expect projections to be reported in the Visa Bulletin until February at the earliest due to uncertainty in how the transition of employmentbased I485 processing to USCIS field offices will impact visa number demand. Once DOS gains more clarity regarding the rate of USCIS field office processing of employment based I485s, reporting of projections in the Visa Bulletin should re­ sume. QUESTION: Will the phenomenon happen­ ing with individuals born in China (where EB2 has higher demand than EB3), eventu­ ally occur for individuals born in India? ANSWER : It is too soon to tell whether the final action date for EB3 India could advance beyond the final action date for EB2 India in FY2018. At this time, DOS does not think that it will happen, but there will be more clarity in the second half of the fiscal year. There are several factors at play. It is unclear what impact the USCIS announcement shifting adjudications of employmentbased petitions to the local field offices will have on the demand for visa numbers and corresponding movement of final action dates. If this transi­ tion slows EB3 Worldwide demand that may allow the EB3 India final action date to move a bit faster than would otherwise be possible. Such action would be based on the potential availability of ʺotherwise unusedʺ EB3 numbers. At this time, the EB3 India upgrade demand has slowed, which enabled some additional advancement in EB2 India . It is also important to note that there is still a fair amount of pending EB3 demand at USCIS due to the summer 2007 surge in adjustment of status filings. However, this demand should start to clear out in the second half of the FY 2018. When that happens, the Visa Office will lose a great deal of visibility to EB3 India demand. If you should have any questions or need more information about the way that the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please feel free to contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by emailing to us at or by calling us at 2016700006 (x107) or by visiting our Law Firm’s website at http://www.visas ­ David Nachman Ludka Zimovcak Michael Phulwani VISA BULLETIN FOR JANUARY 2018 Employment-Based Preference Categories To Place an Ad Call: 212-675-7515