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EB-1 8, 9月继续无名额,10月还需看情况
作者:冯净律师     发文时间: 2018年07月24日 10:32:00

Check-in with DOS’s Charlie Oppenheim: July 16, 2018

The final action date for EB-1 Worldwide China and EB-1 India will hold at
January 1, 2012 in August, and again for September, with the anticipated
recovery of visa availability in October. Charlie will continue to watch
trends over the summer and is working closely with USCIS to determine
applicant demand which will be eligible for processing in October.

Employment-Based Preference Categories

Summer of 2007 Déjà Vu? As noted in the August Visa Bulletin, “it has
been necessary to impose an E1 Final Action Date for the month of August,
with this date being imposed immediately.” This statement has prompted
questions by AILA members as to whether USCIS will continue to accept EB-1
Worldwide adjustment of status applications for the duration of July.
Members who lived through the summer of 2007 can take comfort that an abrupt
end to filings is not expected. In using the term “immediately,” Charlie
did not mean to imply that USCIS would stop accepting all EB-1 Worldwide
applications as of the date of publication of the Bulletin. The term “
immediately” simply refers to the future authorization of EB-1 numbers for
cases being interviewed in July. Absent a contrary announcement from USCIS,
Charlie fully expects USCIS will continue to interview scheduled applicants
and accept all EB-1 Worldwide I-485s for filing. However, upon conclusion of
the immigrant visa interview, if the applicant’s priority date is on/after
May 1, 2016, the request for an immigrant visa will be put in Charlie’s
pending demand file until the final action date again becomes current and
the adjustment of status can be granted. Further retrogression of the EB-1
Worldwide final action date cannot be ruled out in September, but there will
be a recovery of the date in October.

China. EB-2 China advances two months to March 1, 2015 and EB-3 China
advances 1.5 years to July 1, 2014 in August. EB-3 China, which had recently
retrogressed due to significant downgrade demand, has subsided somewhat,
allowing for this forward movement. At this point there has not been a
dramatic increase in EB-2 China demand based on movement of that date, which
is allowing some of these numbers to fall to EB-3. Charlie cautions against
expectations of regular advancement of EB-3 China during FY-2019, as such
movements are dependent on the development of future demand patterns.

EB-5. EB-5 China Non-Regional Center and Regional Center will continue to
hold at August 1, 2014 in August and is expected to advance one week either
in September or in October.


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