Visa Bulletin Updates – July 2019


The July 2019 Visa Bulletin contains significant updates in many U.S. immigrant visa categories and is filled with predictions about visa availability for future months, which is vital for visa applicants to plan ahead. Here are five important updates from the July 2019 Visa Bulletin:F2A Category is Current. The F2A category includes spouses and children (unmarried and under 21 years of age) of permanent residents. This category is current for all applicants, meaning that anyone who wishes to apply in this category, and is otherwise eligible to adjust status, can file Form I-130 and Form I-485 concurrently. Keep in mind the F2A category has heightened scrutiny compared to the immediate relative category, so properly determining eligibility to adjust status is critical.

1. Large Forward Movement for China EB-1, EB-2, and EB-3. For other countries, including those not specifically listed in the Visa Bulletin (the rest of the world or “ROW”), the EB-1, EB-2, and EB-3 categories had very modest forward movement or none at all. For China, the EB-1, EB-2, and EB-3 categories each jumped over 2 months forward. In future months, China EB-1 likely will not move forward, but EB-2 and EB-3 are expected to continue to move forward rapidly.

2. India EB-5 First Ever Final Action Date. As predicted in earlier statements and in Item E of the June 2019 Visa Bulletin , India will reach its per-country annual limit in July, resulting in the imposition of its first ever Final Action Date (“FAD”) of 01MAY2017. In August and September, the India FAD will track China, but in October, the start of Fiscal Year 2020, the India EB-5 FAD will advance to Summer or Fall 2017. Indian EB-5 applicants with an approved Form I-526 petition must act quickly in order to file an adjustment of status application before July 1 while the FAD remains current . For more information, visit our earlier blog .

3. Future Visa Availability – Family-Based. The F2A category is expected to remain current through September in order to generate increased demand because there are not enough applicants actively pursuing final action to actually use the visa numbers in this category. Once enough applicants use enough visa numbers, this category will again be subject to a FAD.

4. Future Visa Availability – Employment-Based. EB-1 continues to experience heavy demand resulting in little forward movement. The India EB-1 FAD is expected to be 22FEB2017 in October. EB-2 and EB-3 are expected to remain current for ROW, Mexico, and the Philippines with modest movement for India. EB-5 for Vietnam will also track China for the rest of the fiscal year. In October, the Vietnam EB-5 FAD will advance to Fall or early Winter 2016.

This post originally appeared on Wolfsdorf. Reprinted with permission.

About The Author

Robert Blancospecializes in business and employment immigration cases. He prepares both immigrant and non-immigrant petitions for skilled workers, executive managers, high net worth investors, and people of extraordinary ability in the arts, sciences, and business. Mr. Blanco prepares cases for individual investors and advises U.S. businesses on how to structure investment projects under the immigration regulations. He also represents clients before the United States Citizenship and Immigration Services (USCIS). Mr. Blanco graduated cum laude with a Bachelor of Science degree in Business Administration from the McDonough School of Business at Georgetown University. He earned his Juris Doctor degree from Loyola Law School with a concentration in Corporate Law. Mr. Blanco is admitted to practice law in the state of California.

Joseph Barnett is a partner at Wolfsdorf Rosenthal LLP and a member of the firm’s EB-5 and business immigration practices. He is licensed as an attorney in Illinois and Wisconsin and practices exclusively in immigration and nationality law. Mr. Barnett represents immigrant investors seeking permanent residency in the United States through USCIS-designated Regional Centers and investment in their own businesses. Mr. Barnett also assists developers with the establishment of complex corporate and financing structures for EB-5 capital. He works with economists, securities lawyers, business plan writers, and other professionals to prepare Regional Center applications, amendments, and project “exemplar” approvals. As the lead member on the firm’s Chinese EB-1 team, Mr. Barnett has successfully represented Chinese executives, researchers, professors, medical professionals, engineers, musicians and artists, media and public relations professionals, and others with extraordinary ability in the sciences, arts, education, business, or athletics seek permanent residency in the U.S. Mr. Barnett also assists executives and managers in multinational companies to obtain permanent residency in the U.S. Mr. Barnett is also responsible for a variety of other immigration matters, including temporary work visas, employment-based petitions, administrative appeals, and federal writ of mandamus lawsuits.

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