We have been informed by the American Immigration Lawyers Association (AILA), that following a review of the dates listed in the September 2019 Visa Bulletin, the entire EB-3 category has immediately been made “unavailable” for the remainder of FY2019.
This means that the annual limits have been reached on these categories and additional numbers are thus unavailable until the beginning of the next fiscal year.
This status is NOT limited to EB-3 China and EB-3 India.
It also includes, effective immediately, the EB-3 Worldwide, EB-3 El Salvador, Guatemala and Honduras, EB-3 Mexico, Philippines, and EB-3 Vietnam categories.
In addition to this change, it is also important to flag that several other categories are listed as unavailable for the remainder of the fiscal year including the entirety of EB-4 and EB-4 Religious Workers categories.
EB-1 India. EB-1 China is not listed as unavailable but did retrogress 2.5 years due to increased demand.
Unless otherwise advised, applicants should still appear for a scheduled AOS interview, there is a possibility that an officer decides to not proceed with the interview and/or reschedules it for another time. If the interview moves forward and the application is deemed approvable, the officer will request a visa number and that request will subsequently be sent to the “pending demand file” at the Department of State. Once this occurs, the visa number will be automatically authorized for use by USCIS, effective the first day of the month in which the applicant’s priority date becomes current.