Visa Bulletin for August 2019

Introduction

On July 5, 2019 The U.S. Department of State (DOS) released its monthly Visa Bulletin August 2019 — the penultimate month of FY 2019 [PDF version]. The August 2019 Visa Bulletin contains the dates for filing and application final action dates for beneficiaries of approved immigrant visa petitions within the family-sponsored and employment-based preference categories. On July 16, 2019, the us Citizenship and Immigration Services (USCIS) announced that the majority family-sponsored adjustment of status applicants must depend on the August 2019 Visa Bulletin's dates for filing to work out eligibility to file for adjustment during the month, while all employment-based adjustment of status applicants must use the less favorable final action dates [PDF version].

We will examine the pertinent charts from the August 2019 Visa Bulletin, their applicability to those getting to apply for adjustment of status on the idea of an approved family-sponsored or employment-based preference petition, and other general news and notes from the Bulletin as we approach the top of FY 2019.

We have several resources on site to assist readers understand the Visa Bulletin and its relevance in many adjustment of status cases. First, please see our article on using the Visa Bulletin as an adjustment of status applicant, and the way that use differs from a private seeking an immigrant visa abroad through the consular process [see article]. Second, please see our article explaining the differences between the dates for filing and therefore the final action dates [see article]. Third, please see our compendium of past articles on visa bulletins [see index].

Family-Sponsored Cases

In welcome news for beneficiaries of approved family-sponsored immigrant visa petitions seeking adjustment of status, the USCIS has determined that beneficiaries of such petitions altogether categories apart from F2A must use the favorable dates for filing so as to work out if they're eligible to use for adjustment of status in August 2019. Beneficiaries of F2A petitions are within the most superiority , however, because while they need to use the ultimate action dates from the August 2019 Visa Bulletin, the ultimate action date for all F2A petitions is “current.” this suggests that the beneficiary of an approved F2A petition is eligible to use for adjustment of status in August 2019, as long as he or she meets the substantive requirements for adjustment.

Beneficiaries of non-F2A approved family-sponsored immigrant visa preference petitions seeking adjustment of status must compare their filing date with the applicable filing date cutoff on the August 2019 Visa Bulletin. so as to use for adjustment of status in August 2019, the beneficiary of an approved family-sponsored immigrant visa preference petition must have a filing date before the applicable filing date for his or her preference category and chargeability area.

The filing date in family-sponsored cases is usually the date on which the immigrant visa petition was properly filed with the USCIS on the beneficiary's behalf. As we noted, beneficiaries of approved immigrant visa petitions within the F2A category may apply for adjustment in August 2019 no matter their filing dates since the ultimate action date for F2A in August 2019 is current.

The Visa Bulletin deals only with whether visa numbers are available during a specific preference category. A petition beneficiary must also meet the substantive requirements for eligibility to use for adjustment of status so as to use for adjustment in August 2019 or in the other month.

The following, courtesy of the USCIS, are the ultimate action dates for F2A preference petitions in August 2019:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F2A C C C C C
The following, courtesy of the USCIS, are the filing dates for all family-sponsored cases apart from F2A in August 2019:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAR13 01MAR13 01MAR13 01NOV99 22AUG08
F2B 01SEP14 01SEP14 01SEP14 01FEB99 01NOV08
F3 22DEC07 22DEC07 22DEC07 15JUL00 01APR98
F4 15DEC06 15DEC06 15MAY05 15DEC98 01NOV98
For reference purposes only, below are the ultimate action dates for the family-sponsored preferences from the August 2019 Visa Bulletin. All non-F2A cases must rely instead on the dates for filing for purpose of determining eligibility to use for adjustment of status during August 2019.

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01JUL12 01JUL12 01JUL12 01AUG96 22FEB08
F2A C C C C C
F2B 01JAN14 01JAN14 01JAN14 01JUN98 01APR08
F3 22JUN07 22JUN07 22JUN07 01DEC95 01OCT97
F4 01OCT06 01OCT06 15SEP04 01JAN97 01MAY98

Employment-Based Cases

The USCIS has determined that each one beneficiaries of employment-based preference petitions must believe the ultimate action dates within the August 2019 Visa Bulletin. Thus, so as to use for adjustment of status in August 2019 on the idea of an approved employment-based preference petition, the applicant's filing date must be before the applicable final action cutoff date — except in cases where the ultimate action date is current, which allows all beneficiaries of approved petitions therein preference who are otherwise eligible for adjustment to use for adjustment of status in August 2019.

In employment-based cases where labor certification was required, the filing date will generally be the date on which the labor certification application was accepted for processing by the U.S. Department of Labor (DOL). In cases where no labor certification was required, the priority date will generally be the date on which the immigrant visa petition was properly filed with the USCIS.

The Visa Bulletin deals only with whether visa numbers are available during a specific preference category. A petition beneficiary must also meet the substantive requirements for eligibility to use for adjustment of status so as to use for adjustment in August 2019 or in the other month.

The following, courtesy of the USCIS, are the ultimate action dates for employment-based cases in August 2019:

Employment-Based All Chargeability Areas Except Those Listed CHINA-mainland born El SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES VIETNAM

For reference purposes only — since beneficiaries of approved employment-based petitions must depend on the ultimate action dates to work out whether or not they can apply for adjustment of status in August 2019 — the subsequent are the dates for filing for employment-based cases in August 2019, reproduced from the August 2019 Visa Bulletin:

Employment-based All Chargeability Areas Except Those Listed CHINA-mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES

Establishment and Retrogression of August Employment-Based Final Action Dates

The DOS explained within the Visa Bulletin that “[t]here has been a steadily increasing level of Employment applicant demand since late May for adjustment of status cases filed with the [USCIS], and there's no indication that this increase will end.” Thus, so as to stay visa issuance within the annual limits, the DOS established and retrogressed several employment-based final action dates in August 2019. These measures are temporary — and therefore the final action dates for affected categories/chargeability areas are expected to return to where they were in July 2019 [see article] for the October 2019 Visa Bulletin — which can mark the primary bulletin for financial year 2020.

Conclusion

As always, beneficiaries of approved preference petitions who are getting to apply for adjustment of status should stay au courant developments within the immigrant visa bulletin. The bulletin also gives those seeking visas through consular processing a thought of once they could also be permitted to use for an immigrant visa. Petitioners and beneficiaries should consult an experienced immigration attorney for guidance on any and every one case-specific questions.