At a glance

In February, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's February Visa Bulletin.

The situation

USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action under the State Department’s February Visa Bulletin.

As a reminder, the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are set to expire this week under a temporary federal spending measure signed into law on December 22, 2017. Unless Congress reauthorizes these programs or passes another temporary spending measure, applciations in these subcategories will no longer be accepted. The EB-5 non-Regional Center program will not be affected.

Employment-Based Priority Date Cut-offs for February 2018

To be eligible to file an employment-based adjustment application in February, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

FINAL ACTION CUT-OFF DATES FOR FEBRUARY 2018

EB-1 Current for all countries

EB-2 China: October 1, 2013

India: December 8, 2008 All other countries: Current

EB-3 Professionals and Skilled Workers China: September 15, 2014

India: December 1, 2006

Philippines: March 1, 2016

All other countries: Current

EB-3 Other Workers China: February 1, 2007

India: December 1, 2006

Philippines: March 1, 2016

All other countries: Current

EB-4*

El Salvador, Guatemala, Honduras: December 1, 2015 Mexico: June 22, 2016

All other countries: Current

* The EB-4 Non-Religious Worker program may become unavailable for all countries after midnight on January 18 unless Congress reauthorizes it.

EB-5*

China: July 22, 2014 Current for all other countries and subcategories

* The Regional Center program may become unavailable for all countries after January 19 unless Congress reauthorizes it.