April 2018 Visa Bulletin – EB-1 China & India Retrogression

Recently, the the U.S. Department of State released the Visa Bulletin for April 2018, summarizing the availability of immigrant visa numbers. Unfortunately, the Bulletin has established a cut-off date (January 1, 2012) for the “final action date” for EB-1 applicants born in China and India. This visa retrogression means that visa numbers are available only for applicants whose priority date is earlier than the cut-off date. The USCIS has determined that applicants must use the “final action date” chart for filing Form I-485 Adjustment of Status. This means that starting April 1, 2018, individuals born in India or China with an EB-1 petition are eligible to file their Form I-485 only if their priority date is before January 1, 2012. (Exception – applicants may use their accompanying spouse’s country of birth for eligibility based on “cross-chargeability”).

To our clients born in China or India – You will need to wait until your priority date becomes current before you can file your Form I-485. If you have a pending Form I-485 and your priority date is no longer current due to the retrogression, the USCIS will hold the application for adjudication until your visa category becomes current again. In past years, the retrogression has ended in October when the new fiscal year starts and visa numbers are available again.

Please note: This retrogression does not affect the preparation, filing, or USCIS adjudication of your Form I-140 petition.