Bad News for EB-3 China Nationals – May 9, 2014 Cut-off Date
May 28, 2014 | Tags: DOS | EB-3
Liaison for the American Immigration Lawyers Association announced today that the U.S. Department of State took action in advance of visa retrogression in June. The DOS instructed the USCIS to not complete adjudication for applications for adjustment of status where, starting as of May 9, 2014, the DOS had not yet "authorized" the allocation of a permanent visa number even though the USCIS has requested the number for any cases with a priority of date October 1, 2006 or later. These cases will remain in limbo until visa numbers become available again. The only solace is that pending adjustment of status applicants will receive continued work authorization and other related benefits. Department of State News Alert is found below.
DOS Alert: Availability of Visa Numbers for EB-3 China
Cite as "AILA InfoNet Doc. No. 14052849 (posted May. 28, 2014)"
In response to member queries regarding the status of service center adjudications in light of the impending retrogression in certain visa categories, AILA Liaison reached out to the Department of State Visa Office which confirmed that as of May 9, 2014, DOS stopped authorizing visa numbers for EB-3 China cases where the priority date is current for May (October 1, 2012) but will retrogress in June (October 1, 2006). Cases in which a visa number has been requested by USCIS but not authorized by DOS will be placed in a "pending" demand file and will be will be automatically authorized when the China EB-3 cut-off date advances beyond the applicant's priority date. At that point, USCIS can adjudicate the case to completion. DOS will continue to authorize visa numbers for cases with a priority date earlier than October 1, 2006.
The imposition of the May 9, 2014 cut-off date is explained by language in the Visa Bulletin which states, "[i]f it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin."