DOS: “CONTINUED AGGRESSIVE ADVANCEMENT” IN PHILIPPINE EB-3

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association.  Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

In this month’s “Check In With Charlie,” Mr. Oppenheim discussed Philippine EB-3, saying that Beneficiaries “should expect continued aggressive advancement in this category for the foreseeable future.”  He noted that there has not been an increase in demand for these visas.  Because of this lack of demand, “retrogression is unlikely to happen this FY since there are numerous visa numbers available in this category and it is already the third quarter of the federal FY.”

Other notes of interest:

EB-1: there should be little or no movement in any EB-1 category.

EB-2 Worldwide: will continue to be Current for the foreseeable future.

EB-2 and EB-3 India: slow or little progressions of one week or less, although EB-3 could move a little faster.  There has not yet been a surge of EB-2s “downgrading” to EB-3.

EB-2 and EB-3 China:  EB-2 could advance several months at a time, while EB-3 will advance a few weeks at a time.

MAY 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the May 2019 Visa Bulletin. This is the eighth Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month's Visa Bulletin.

May 2019 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

  

EB  Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01MAR18	22FEB17	22FEB17	01MAR18
EB-2	C	15MAY16	12APR09	C
EB-3	C	22AUG15	22JUN09	01JUN18

  

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

  

EB  Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01SEP18	01OCT17	01OCT17	01SEP18
EB-2	C	01SEP16	01JUN09	C
EB-3	C	01JAN16	01APR10	01OCT18

MU Law Analysis (all references are to Table A unless noted)

All Other: The EB-1 category moved one month.  We expect continued steady movement in this category for All Other.  We do not see any retrogression in the future for EB2 or EB3, other than the usual retrogression at the end of the Fiscal Year.

China: China EB-2 moved six weeks, moving about one year in 2019’s calendar months.  EB-3 moved ahead half as fast – about three weeks -- which reflects continued demand in EB-3, likely related to the many EB-3 “downgrades”.

India: There was very little movement in any of the Indian categories.  EB-1 will almost surely not move in FY 2019.  We are slightly more optimistic about India EB-3, which should continue to progress faster than EB-2.

Philippines: The EB-3 date showed great progress, improving three more months.  This continues a great year for EB3.  We expect continued accelerated progress in June’s Visa Bulletin.

USCIS RECEIVES 201,011 H-1B CAP PETITIONS

USCIS announced that it received 201,011 petitions during the filing period, including petitions filed for the advanced degree exemption.  This is notably more than the 190,000 H-1B petitions received during the April 2018 filing period).

USCIS is in the process of running the H-1B lottery and notifying H-1B cap winners.  Petitioners should expect about 36% of their H-1B cap filings (non-US masters degrees) to be H-1B cap winners.  Based on prior years, we will receive H-1B lottery winner receipts throughout April and May.  Starting in June, we will receive the H-1B lottery loser petitions.  Traditionally if you do not receive a winner receipt notice by June 1, you have probably lost the H-1B lottery.

H-1B CAP 2019 HAS BEEN REACHED

As expected, USCIS has received more than 85,000 H-1B cap-subject petitions on the very first day of H-1B cap filings.  They did not specify how many H-1B cap-subject petitions were received.  We expect to know the overage within the next few weeks.  Last year, the announcement happened on April 13.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap. USCIS will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Amend the H-1B petition to notify the USCIS of the filing of a new LCA and/or geographic change in employment;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second, contemporaneous part-time H-1B position.