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  • Article: August 2016 Visa Bulletin Updates: Cut-Off Dates Imposed on EB-1 India and China and EB-4 India Preference Categories. By Michael Phulwani, David H. Nachman, and Rabindra K. Singh

    August 2016 Visa Bulletin Updates: Cut-Off Dates Imposed on EB-1 India and China and EB-4 India Preference Categories

    by


    The Department of State (DOS) recently released the Visa Bulletin for August 2016. As was projected by the DOS earlier, the August Visa Bulletin has imposed a cut-off date of January 1, 2010, for the EB-1 preference category for both India and China. Additionally, the Visa Bulletin has imposed a cut-off date of January 1, 2010, for the EB-4 preference category for India.

    With regard to the imposition of the EB-1 cut-off dates for India and China, the DOS had advised in the July Visa Bulletin that it would be necessary to impose a date for these two countries no later than September. The continued high level of demand for EB-1 visa numbers for USCIS adjustment of status applicants has required the establishment of a cut-off date for August 2016. This has been done in an attempt to hold number use within the Worldwide EB-1 annual limit. As projected by the DOS, The EB-1 date for these two countries will once again become Current starting October, the first month of fiscal year 2017.

    Like the EB-1 cut-off date projections for India and China, the readers were advised in the May Visa Bulletin number that there has been extremely high demand in the EB-4 and Certain Religious Workers (SR) categories, primarily for Juvenile Court Dependent cases filed with U.S. Citizenship and Immigration Services for adjustment of status. Pursuant to the Immigration and Nationality Act, this has now required the implementation of EB-4 and SR Application Final Action Dates for India, which has reached its per-country limit. This action will allow the DOS to hold worldwide number use within the maximum allowed under the FY-2016 annual limits.

    What this action means to EB-4 applicants from India? Petitioners from any country, including India, may continue to file Form I-360. There is no annual limit on the number of Form I 360 petitions that USCIS may approve. Because the final action date of January 1, 2010, will become effective August 1, 2016, USCIS will accept all properly submitted submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until July 31, 2016, and will continue to adjudicate applications while visas remain available. If someone submits Form I-485 under the EB-4 classification on or after August 1, 2016, USCIS will process and make a decision on Form I-485 only if the Form I-360 petition was filed before January 1, 2010, and ultimately approved. USCIS will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected). Similar processing logic will prevail in the EB-1 submissions for India and China until the Priority Date becomes current again in October 2016.

    Reprinted with permission.


    About The Author

    Michael Phulwani Michael Phulwani, Esq. is admitted to practice law in India, New York and New Jersey. He has been practicing law for about 39 years in the field of Immigration and Nationality Law. He is admitted to practice law in New Jersey, New York, and India. He maintains law office in Maywood New Jersey, and in Mumbai India.. He has successfully handled many complex immigration matters with the Immigration and Naturalization Service and consular processing cases at American Consulates abroad especially consular posts in India. Michael Phulwani is the author of 'Guide to U.S. Visas' and numerous articles published in various ethnic newspapers and other publications in the U.S. and abroad such as News India, India Tribune and Gujarat Times. He has also co-authored a series of articles on American Consulates in India, Pakistan and Bangladesh published in "The Visa Processing Guide" by American Immigration Lawyers Association.




    David Nachman David Nachman, Esq. is the founder and one of the Managing Attorneys in the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.- and Canada-bound workers. Attorney Nachman and fellow lawyers contributed to landmark decisions in such cases as Berger v. Berger and Woolley v. Hoffman-La Roche, Inc. The NPZ Law Group is an International Immigration Law Firm with offices in NJ and NY. The Firm has affiliated offices in Canada and India. The Firm specializes in providing assistance with waivers, removal defense, asylum, PERM, immigrant (Green Card) and various nonimmigrant visas, and immigration compliance matters for employers and employees and their families. Immigration professionals in NPZ Law Group speak many foreign languages including, but not limited to: Spanish, French, Japanese, Korean, Tamil, Hindi, Gujarati, Nepalese, Slovak, Czech, Russian, Polish, Tagalog, Hebrew, Chinese, German and English.




    Rabindra Singh Rabindra K. Singh, Esq. (Rabi) is an Associate Attorney in the Nachman Phulwani Zimovcak (NPZ) Law Group. Rabi's work focuses on complex employment and family-based immigration matters. He frequently assists clients in obtaining investor-based visas and is an expert in preparing various types of waiver applications. Additionally, he has gained an in-depth expertise in the worksite enforcement area by successfully representing clients of all sizes. Adept in submitting Motion to Reopen and/or Reconsider to USCIS for reviewing adverse decisions, Rabi frequently files Appeals to the Administrative Appeals Office (AAO) and the Board of Immigration Appeals (BIA). An avid writer, he writes for both print and electronic media. Rabi’s articles have appeared in the prestigious New Jersey Law Journal and Law360. Further, he writes weekly articles for various ethnic Indian newspapers published from New York, New Jersey and Chicago. Rabi can be contacted at: rabindra_singh@visaserve.com


    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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