January 2016 Visa Bulletin is out
DOS released the Visa Bulletin for January 2016, including the availability of immigrant numbers for “Application Final Action Dates” and “Dates for Filing Applications.” There was forward movement in the “dates for filing” and the “final action dates” for many of the family-based categories. In addition, there was forward movement in the “final action dates” for the employment-based, second preference category for India, which advanced to February 1, 2008, and for the employment-based, third preference category for China, India, Mexico, and the Philippines. The “dates for filing” for the employment-based, third preference category for Mexico advanced to January 1, 2016.
A. APPLICATION FINAL ACTION DATES FOR
EMPLOYMENT-BASED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the cut-off date listed below.)
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA – mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01FEB12 | 01FEB08 | C | C |
| 3rd | 01OCT15 | 01JUL12 | 15MAY04 | 01OCT15 | 01NOV07 |
| Other Workers | 01OCT15 | 01DEC06 | 15MAY04 | 01OCT15 | 01NOV07 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | U | U | U | U | U |
| 5th Non-Regional Center (C5 and T5) |
C | 08JAN14 | C | C | C |
| 5th Regional Center (I5 and R5) |
U | U | U | U | U |
*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B. DATES FOR FILING OF EMPLOYMENT-BASED
VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.
| Employment- Based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01JAN13 | 01JUL09 | C | C |
| 3rd | 01JAN16 | 01OCT13 | 01JUL05 | 01JAN16 | 01JAN10 |
| Other Workers | 01JAN16 | 01JAN07 | 01JUL05 | 01JAN16 | 01JAN10 |
| 4th | C | C | C | C | C |
| Certain Religious Workers |
C | C | C | C | C |
| 5th Non-Regional Center (C5 and T5) |
C | 01MAY15 | C | C | C |
| 5th Regional Center (I5 and R5) |
C | 01MAY15 | C | C | C |
6. The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at: (202) 485-7699. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.
