Significant retrogression for China and India in the latest U.S visa bulletin (June 2016)

  • The United States Visa Bulletin was recently released by the U.S Department of State and it was received with mixed feelings. With some major changes, the US visa bulletin announced major retrogression in the Final Action cut-off dates for India and China.

    Specifically, in June 2016, India EB-2 Final Action cut-off date will retrogress to October 1, 2004. This is with respect to the issuance of immigrant visas. This was a major change as compared to the last month’s visa bulletin- the May bulletin. The May bulletin fixed the India EB-2 Final Action cut-off date at November 22, 2008. This means that the India EB-2 Final Action cut-off date will retrogress by more than four (4) years in June 2016. The pace at which the India EB-3 is expected to move has not seen any improvement either. Action cut-off date for EB-3 India will move from September 1, 2004 to September 22, 2004, in June 2016.

    But India was not alone in the act. Even EB-2 Final Action cut-off for China will also be retrogressed by around 20 months, fixing it at January 1, 2010. Like EB-2, in June 2016, EB-3 China Final Action cut-off will also retrogress from current August 15, 2013, to January 1, 2010.

    The Department of State (DOS) has cited “extremely high levels of Employment-based demand for adjustment of status cases filed with USCIS during past two (2) months” as the reason for retrogression of the EB-2 preference Final Action cut-off dates for India and China.

    EB-2 India Final Action cut-off date is expected to advance slowly, at a pace consistent with that of the India EB-3 preference cut-off date, during the last three (3) months of the fiscal year. But the situation is evenly grim for the Chinese nationals as the retrogressed Final Action cut-off is not likely to advance either in the EB-2 or EB-3 category.

    Like the EB-2 preference category, Final Action cut-off date for the FB-4 preference category for both India and China will also retrogress in June 2016. India FB-4 Final Action cut-off will backward from present July 22, 2003, to January 1, 2001. Likewise, China FB-4 will retrogress from July 22, 2003, to January 1, 2003. While DOS is not in a position to project whether or not the China FB-4 will advance until the end of current fiscal year, it is almost certain that India FB-4 will not advance during the last quarter.

    To have a look at the June 2016 visa bulletin, click here.


    These guides are not legal advice, nor a substitute for a lawyer

    These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Advocate Rabindra Kumar Singh

  Chicago, USA

 Experience: 12 years

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