Friday, July 12, 2019

AUGUST 2019 VISA BULLETIN: ANALYSIS AND FAQ

The Department of State has just issued the August 2019 Visa Bulletin. This is the eleventh Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month's Visa Bulletin. 

August 2019 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
01JUL16
01JUL16
01JAN15
01JUL16
2nd
01JAN17
01JAN17
02MAY09
01JAN17
3rd
01JUL16
01JAN16
01JAN06
01JUL16

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

Employment-
based
All Other
CHINA
INDIA
PHILIPPINES 
1st
01SEP18
01OCT17
01OCT17
01SEP18
2nd
C
01FEB17
01JUN09 
C
3rd
C
01JUN16
01APR10
C


MU Law Analysis (all references are to Table A unless noted)

The DOS has retrogressed nearly all categories in August.  This happens almost every year.  It is nothing to be concerned about.  The DOS noted that:

The implementation of the above mentioned dates is expected to be only a temporary issue.  For October, the first month of fiscal year 2020, every effort will be made to return these final action dates to those which applied for July.
FAQ

Musillo Unkenholt has received many emails and phone calls from people who have questions about this Visa Bulletin.  We have put together this FAQ for all readers of the MU Law Blog.

Q.  Why do the August and September Visa Bulletins always have unusual progressions and retrogressions?

A. These two Visa Bulletins are the final two Visa Bulletins of the US Fiscal Year, which runs from October 1 – September 30.  The DOS must make sure that it uses all 140,000 employment-based immigrant visas.  If it does not use all 140,000 immigrant visas, then the visas do not roll over into the next fiscal year.  On the other hand, the DOS cannot use more than 140,000 immigrant visas or else they violate federal law.  

Q. The Philippine and All Other EB2 retrogressed for the first time in many years.  Does this mean that the Philippine EB2 and All Other dates will permanently be retrogressed?

A.  No.  This is a temporary retrogression that will only last until October 1, 2019.  The DOS expects that the October Visa Bulletin will be Current for both Philippines and All Other EB-2.

Q.  If I have an interview will I still be able to get my green card?

A.  If you have an interview before July 31, you will be able to get your green card.  However if you do not have an interview until August or September, the interview may be postponed until October.


Q. At what rate will the Philippine EB-3 and All Other EB-3 move in 2019 and 202?

A.  The DOS indicated that the Philippine EB-3 and All Other EB-3 should remain Current or almost Current after October 1.  After October, we expect continued favorable Visa Bulletins for these categories.


Please post any other questions to the blog or Facebook and we will try to timely answer.

34 comments:

  1. Good day sir,
    I just want to ask if the principal applicant is from philippines and the husband is turkish national by birth, does the retrogression still affects the petition? Thank you.

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    1. This comment has been removed by the author.

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    2. Yes, look at the column for ALL OTHER, it means all other countries except China, India and Philippines so as per Aug 2019 VB, all countries have a July 1, 2016 cutoff Priority date that can be provided a visa Including Philippines and excluding China and India

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    3. The case can be prepared so that you meet the All Other category, as said by Gabriel.

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  3. If my case is already DQ. Will I still receive an interview date notice before october? Or I can only receive the notice after october 1?

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    1. It depends on your Priority Date against the posted current date for the announced Visa Bulletin Month

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  4. August 2019 China EB3 Final Action date is 01JUL16 not 01JAN16,which is oddly faster than Filling date. Would USCIS use Final action date for filling 1-485 for China EB3. I have PD 01/11/16,and I want to know should I get ready for filling in August?Thanks

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  5. Ca we still receive the fee bill even there is retro? Thanks

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  6. Good day! Can I still be documentary qualified even when retro? I am done with ds260 and submitted my civil documents to NVC 1st week of July.

    Thank you for your response.

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  7. can i still receive interview date for aug? and resume on oct? im current in tble 1 since may, ad DQ on july1,

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  8. How H.R. 1044 can affect Filipino nurses applying for EB3 visas?

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    Replies
    1. See: http://www.musillo.com/2019/03/the-fairness-for-high-skilled.html

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  9. If the H.R. 1044 is approved, will those Filipino nurses with approved I-140 priority dates before September 30, 2019 be affected? I read an article that regardless of the provisions of this bill, anyone who has an employment-based immigrant visa petition (I-140) approved before the date of enactment of the bill (set at September 30, 2019) will be processed in order as if the law has not passed.
    Hoping to hear your response. Thank you

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    Replies
    1. It would depend on what the actual language of the bill says. At this point, HR 1044 and S386 are not in unison.

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    2. Probably when will this be bill finalized? And know how it will affect Filipino EB-3 nurses?

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  10. Will eb3 INDIA return back to July 1st 2009 date starting October? Will it move forward from there? Appreciate your response.

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    1. My sense is that it will move back to July. After that it will be able same slow movement as we saw in 2019.

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  11. My I140 was recently approved April 2018 priority date for EB3 Philippines. My question is since Table B says "CURRENT" will I still receive a fee bill?

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    Replies
    1. Yes - you should still receive a fee bill.

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  12. When will be the retrogression be lifted?

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    1. Q. The Philippine and All Other EB2 retrogressed for the first time in many years. Does this mean that the Philippine EB2 and All Other dates will permanently be retrogressed?

      A. No. This is a temporary retrogression that will only last until October 1, 2019. The DOS expects that the October Visa Bulletin will be Current for both Philippines and All Other EB-2.

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  13. Good day! I have a question. I have USEM interview on August 29, 2019. I am fully aware that starting on August 1, 2019, E2 visa numbers only became available to applicants with priority dates before January 1, 2017 and my priority date is April 28, 2017. Should I reschedule my interview or still go to my interview and wait until the visa is available(221g). Thank you

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    1. Pat: we normally recommend to go through with the interview.

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    2. MU Law: ME and my family went to the interview last Aug 29,2019. It was a success! The consul approved our visa however they run out of E visa. I was told to send our passport by the end Of September and they will issue our visa Oct 1st. Thank you so much for your help!

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