Tuesday, March 13, 2018

Visa Bulletin April 2018 Special Notes

For the official April 2018 Visa Bulletin, please click here: http://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-april-2018.aspx

Apart from posting current dates, State Department has also added special notes to Visa Bulletin mentioned above. Please see full details below:

D. SPECIAL IMMIGRANT (SI) TRANSLATOR CATEGORY VISA AVAILABILITY

Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early this year. As a result, it has been necessary to maintain an April Final Action Date of April 22, 2012. It is likely that number use will require the SI category to become "unavailable" in the coming months. Once the annual limit of 50 visas is reached, further issuances in the SI category will not be possible until October 2018, under the FY-2019 annual limit. The SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan is not affected and remains current.

E. OVERSUBSCRIPTION OF THE CHINA-mainland born AND INDIA EMPLOYMENT-BASED FIRST (E1) PREFERENCE CATEGORIES

There continues to be an extremely high rate of demand for E1 numbers, primarily for USCIS adjustment of status applicants. Pursuant to the Immigration and Nationality Act, it has been necessary to impose E1 Final Action Dates for these two countries, which have already reached their per-country limit. This action will allow the Department to hold worldwide number use within the maximum allowed under the FY-2018 annual limits.

Should the level of worldwide demand for E1 numbers decline, there could be some future movement in this date prior to the end of the fiscal year.

F. DELAY IN OVERSUBSCRIPTION OF THE VIETNAM EMPLOYMENT FIFTH PREFERENCE CATEGORY

Continued heavy applicant demand had been expected to result in the Vietnam Employment Fifth preference (EB-5) category reaching the per-country annual limit during March. However, the return of unused February EB-5 numbers during the past few days has been much higher than had been expected. This appears to be a direct result of the continuing resolution signed on December 22, 2017 extending the immigrant investor pilot program until January 19, 2018, and the subsequent extension until February 9, 2018. Uncertainty over category extension greatly delayed the scheduling of February appointments, which would normally have occurred in early January. As a result, many applicants did not have sufficient advance notice to enable them to appear for their February interview, which could have been expected to result in the use of visa numbers.

The oversubscription of this category will definitely occur for May.

G. SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution, signed on February 9, 2018, the non-minister special immigrant program expires on March 23, 2018. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight March 22, 2018. Visas issued prior to this date will only be issued with a validity date of March 22, 2018, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight March 22, 2018.

The final action date for this category has been listed as "Unavailable" for April. If there is legislative action extending this category for FY-2018, the final action date would immediately become "Current" for April for all countries except El Salvador, Guatemala, and Honduras which would be subject to a December 15, 2015 final action date, and for Mexico which would be subject to an August 8, 2016 date.

Employment Fifth Preference Categories (I5 and R5):

The continuing resolution signed on February 9, 2018 extended this immigrant investor pilot program until March 23, 2018. The I5 and R5 visas may be issued until close of business on March 23, 2018, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after March 23, 2018.

The final action dates for the I5 and R5 categories have been listed as "Unavailable" for April. If there is legislative action extending them for FY-2018, the final action dates would immediately become "Current" for April for all countries except China-mainland born, which would be subject to a July 22, 2014 date.

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