The December 2018 Visa Bulletin brings some welcome changes—a three month advancement across the EB-1 categories; the EB-2 China Final Action Date again surpassing EB-3 China; the gap between EB-2 India and EB-3 India narrowing to one month; and EB-5 China advancing one week, while EB-5 Vietnam advances three months.

Interpreting the Dates for Filing.  As one might expect, the Dates for Filing should not change very much, particularly early in the fiscal year. In December, all Dates for Filing remain the same, except EB-2 and EB-3 China, which advance approximately 4 months and 6 months. The forward movement in the Dates for Filing in these categories may signal that demand is materializing at a slower rate than anticipated, prompting Charlie to generate additional demand.

Employment-Based Preference Categories

EB-1. As predicted last month, in December all of the EB-1 Final Action Dates advance three months, with EB-1 Worldwide, El Salvador, Guatemala and Honduras, Mexico, Philippines and Vietnam advancing to July 1, 2017. The Final Action Dates for EB-1 China and EB-1 India advance to September 1, 2016.

If the Dates for Filing are any indication, members might see the Final Action Dates for EB-1 Worldwide, El Salvador, Guatemala and Honduras, Mexico, Philippines and Vietnam reach June 1, 2018 within the next eight to twelve months. Similarly, the Final Action Dates for EB-1 China and EB-1 India are predicted to reach October 1, 2017 within the next eight to twelve months.

Charlie expects that the Final Action Dates for all EB-1 categories will continue to advance. It is difficult, however, for Charlie to predict at this time how rapidly they might advance, but he hopes to have more information in December. Data provided in the USCIS National Benefits Center reports are guiding his decisions on this and other employment-based categories.

EB-2 and EB-3 China. Massive EB-3 China demand—far in excess of the targeted amount–materialized in October, whereas EB-2 China demand fell short, resulting in the Final Action Date for EB-2 China leaping ahead one and a half months to July 1, 2015, ahead of EB-3 China, which advanced only one week to June 8, 2015. This is likely to discourage EB-3 downgrades, but we should watch this closely as there is always a possibility that these categories will flip again, depending on demand.

EB-5. As noted in the highlights, in December, the Final Action Date for EB-5 China advances one week, while EB-5 Vietnam advances three months.