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EB-1 India/China Retrogression Update

2018-03-14, BY wegreened

EB-1 India/China Retrogression Update - The Department of State has issued the April 2018 Visa Bulletin today (available at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html). Unfortunately, according to Department of State bulletin, a cut-off date ( 01JAN12 ) has been established for the "final action date" in April for those born in China and India under EB-1. This means starting April 1, 2018, only people born in India or China with an EB-1 priority date before January 1, 2012 are eligible to file I-485s. (Exception - if your accompanying spouse was born in a country other than India or China you may be able to apply based on the rule of cross-chargeability.)  

Immigrant Visa Processing for those born in India or China - if your priority date is no longer current, your IV interview cannot be scheduled and your IV cannot be issued until after your priority date returns to current. If you have received your IV processing fee invoice, you can proceed with paying your fees and submitting your DS-260 and supporting materials so that your interview can be scheduled when your priority date is current again. If you have not received your IV processing fee invoice yet, please note that receipt may be delayed until a couple months before your EB-1 priority date returns to current.

In past years, the retrogression has ended at the beginning of the new fiscal year on October 1. However, we cannot confirm that will be the case this year until the October visa bulletin is released. We will monitor all updates regarding the retrogression, and will provide more information as soon as possible.

The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. With over 16,000 I-140 EB-1 ( EB-1A Alien of Extraordinary Ability; EB-1B Outstanding Researcher or Professor), EB-2 NIW (National Interest Waiver) and O-1 approvals, our firm has acquired substantial information about USCIS decisions, which gives us significant advantage over firms that only handle a small number of cases.

Based on hundreds of approvals every month and our close track of USCIS internal memoranda, AAO decisions, and judicial review decisions, we have unique insight into the USCIS adjudication trends. Not only do we apply this insight into our approaches to our clients' cases, but we also carefully review all RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), approvals, and denials issued on our cases so that we can further increase our understanding of USCIS strategies and decision-making processes. With the insight, we are able to advise our clients on the best ways to proceed with their petitions.

While other petitioners and attorneys may still use templates to draft recommendation letters or petition letters, our clients' recommendation letters and petition letters are tailored to their individual credentials to best persuade a USCIS officer that our clients meet the requirements of the category they are applying under and therefore their petitions deserve to be approved. To provide the best EB-1 and EB-2 NIW services, our law firm only selects attorneys who have received their professional Juris Doctor degrees from the top law schools in the U.S. and who have garnered rigorous analytical skills through years of experience.