October Visa Bulletin Released: EB-1 Current; Family Based Retrogression; Regional Center EB-5 Unavailable

The highly anticipated October 2016 Visa Bulletin was released today. As expected visa availability for the EB-1 category moved to current for all countries. EB-2 visa availability moved to current for the Global, Mexico, and Philippines numbers. China EB-3 availability moved up to January 22, 2013 priority dates. There was no significant movement forward in EB-3 visa availability for other country categories.
Family based visa availability moved backward for most categories. F-1 numbers retrogressed one year for Global, China, and India numbers. F-2 and F-3 numbers retrogressed one year for all countries. F-4 numbers also retrogressed by one year for Global, China, Mexico and Philippines numbers. F-4 numbers moved backward from May 1, 2004 in the September Bulletin to December 1, 2002.
Visa numbers for Regional Center EB-5s were noted as unavailable. The Bulletin explained the Regional Center numbers are listed as unavailable because the legislation authorizing the program is set to expire. The Bulletin notes that Regional Center immigrant visas will not be issued overseas nor will final action be taken on pending adjustment of status applications after September 30, 2016.
The October 2016 Visa Bulletin can be viewed at: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-october-2016.html EMPLOYMENT-BASED PREFERENCES

Employ-
ment
based

All Charge-
ability
Areas Except
Those Listed

CHINA-
mainland
born

EL SALVADOR
GUATEMALA
HONDURAS

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

C

2nd

C

15FEB12

C

15JAN07

C

C

3rd

01JUN16

22JAN13

01JUN16

01MAR05

01JUN16

01DEC10

Other Workers

01JUN16

01JAN05

01JUN16

01MAR05

01JUN16

01DEC10

4th

C

C

15JUN15

C

C

C

Certain Religious Workers

U

U

U

U

U

U

5th
Non-Regional
Center
(C5 and T5)

C

22FEB14

C

C

C

C

5th
Regional
Center
(I5 and R5)

U

U

U

U

U

U

FAMILY-SPONSORED PREFERENCES

Family-
Sponsored

All Chargeability
Areas Except
Those Listed

CHINA-mainland
born

INDIA

MEXICO

PHILIPPINES

F1

22SEP09

22SEP09

22SEP09

01APR95

01AUG05

F2A

22DEC14

22DEC14

22DEC14

01DEC14

22DEC14

F2B

15MAR10

15MAR10

15MAR10

01OCT95

01JAN06

F3

22DEC04

22DEC04

22DEC04

22NOV94

08JUL94

F4

01NOV03

01MAY03

01DEC02

01MAY97

15APR93


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

The Chander Law Firm PC
469 Fashion Avenue, 12th Floor
New York, NY 10018
Phone: (212) 731-2444
www.chanderlaw.com