EB1A Priority Date NOT Current For ALL Countries in August 2018

EB1A priority date is a hot topic right now. If you are right before submitting your EB1A green card, you should definitely know about this upcoming change. You need to file your EB1A in the next couple days otherwise you will have to wait a couple months! (if you file with I-485)

Priority date was a concern mostly for people from India and China because their priority dates were not current for the certain part of the fiscal year. This means they couldn’t file their Adjustment of Status (I-485) immediately and they had to wait.

But now it is getting even worse. Recent update in DOS Visa bulletin revealed that priority dates in EB1A category will NOT be current for all the countries (not only China and India), starting on August 1, 2018. This means that nobody can file for I-485 Adjustment of Status in EB1A category until the priority date for the certain country will become current again.

I made an interview with Joseph Atkin, an experienced immigration attorney who focuses on EB1A green cards among other things. We discussed in details EB1A priority dates, including very unusual news.

Disclaimer: this is just a general information, not a legal advice. You should always do your own research and even consult an attorney if necessary.

Video Interview With Immigration Lawyer

If you are more into video content, you can watch the interview here:

Find the transcription of this interview below. All important links to the official resources are included.

What Is Priority Date

Veronika:

Can you explain what “priority date” means and how it works?

Joseph:

Priority date for an employment-based petition is the date that you file your labor certification. For EB1A and EB2 National Interest Waiver there is no labor certification so it’s the date that you file your I-140 (Immigrant Petition for Alien Worker).

Why that date is important? When your priority date is current that’s when you are able to file the last step of the green card which is I-485 (Adjustment of Status). You can’t file this last step of the green card until your priority date is current.

Where to Find Priority Dates (DOS Visa Bulletin)

Veronika:

Where can we find that information with priority dates for certain countries?

Joseph:

Every month, U.S. Department of State (DOS) issues a Visa Bulletin.

There is a lot of priority dates – family-based categories, then you scroll down and there are employment-based categories. They divide everybody’s priority date by country and by category.

Your priority date must be earlier than the date in this chart (August 2018) to be able to file I-485.

Final Action Dates vs. Dates for Filing Applications

Veronika:

I have actually looked at this Visa Bulletin right before our interview. I have found that there are a little bit confusing two charts. One is Final action dates (see the chart right above) and second is Dates for filing applications. Can you tell us which one to choose?

Joseph:

The dates for filing, it sounds really straightforward, it should be the date by which you can file your Adjustment of Status. Sometimes it doesn’t work like that. They provide updates all the time whether or not you can use that date or whether you just use the Final action dates as the date you can actually file your application.

For the most part, the application chart date is not useful. Mostly it is the Final action dates that you use as the guide to whether or not you can file your application.

Visa Bulletin Update (August 2018)

Veronika:

Can you tell us the news (update) what is going to happen in the next few days?

Joseph:

Today is July 18 (2018) and we only have a few more days, if you are from ANY country (not just India and China), your EB1A priority date will be backlogged as of August 1st, 2018.

That hasn’t happened in a recent memory, it’s been a long long time. And even for EB1A China this is a rare thing.

So if you are going ready to file your I-485 you need to get that done ASAP! It has to be filed before August 1st (2018) otherwise you have to wait until October 1st (2018).

They expect that the priority date will become current. They are just dealing with the backlog, high number of people that worldwide are filing for EB1 green card right now.

Only so many green cards can be given in EB1 category and they are pushing up against these numbers. Because of that they have to stop all of that filing to make sure that they’ll get all of them approved and sifted through before they open it up before the new filings.

They assume that this short pause from August 1st to October 1st (2018) will be enough time to clear out the backlog and they will be able to open it up for all other countries again. We’ll have to wait and see on October 1st (2018).

Veronika:

It is good to know because some people need to hurry right now…

When EB1A Priority Date Become Current for China and India

Veronika:

Usually, people from China and India, at the end of the fiscal year (right now, July 2018), their priority dates are not current. So can you tell us when usually they become current?

Joseph:

People from China and India, when dealing with employment-based immigration, EB1 has been their one place that they can go to get a green card quickly.

EB2 and EB3 are backlogged from 2 to 15 years or more. It is very difficult and not very workable. If they can qualify for EB1 that has been kind of saving grace. They can find a way how to get a green card quickly. The ONLY way they can get a green card quickly.

Well, for the last three years now, at some point in the year…

There is an overall number of EB1A that can be given but also by each country, there is a certain number that can be given. India and China, there is such a high demand that for those two countries they have had to cut them off early in the year, for the last three years.

These last three years, the window they can file is getting shorter and shorter.

Three years ago, they started to file October 1st and they cut it off in August, I think… And then, October 1st they became current again and they can file.

The next year it was earlier, June or July, they had to stop. They couldn’t file until October 1st.

And this year, they could only file for 5 months before the window was closed.

We are not sure if all countries become current on October 1st, including India and China. I hope it does…

But it might be the situation when China and India are backlogged on a long-term basis for even EB1A which would be a bummer!

Veronika:

Well, thank you so much for all this information. We will see on October 1st, 2018, what is going to happen. [UPDATE: November 2018]

I hope for these people there will be positive news and they will have some window to file their Adjustment of Status.

Good luck to everyone!