John Q Khosravi Law Firm

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John Q. Khosravi Immigration Law Firm (JQK Law Firm)



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Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.

Wednesday, June 8, 2016

Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants From Mexico

The Department of State’s Visa Bulletin for July 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from Mexico. This means that starting on July 1, 2016, applicants from Mexico who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.       
Mexico has reached its EB-4 visa limit as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 will appear in the Department of State’s October Visa Bulletin, which will be published this September.

EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including Special Immigrant Juvenile (SIJ).

What this action means to EB-4 applicants from Mexico:
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Petitioners from any country, including Mexico, may continue to file Form I-360. There is no annual limit on the number of Form I‑360 petitions that USCIS may approve.

Form I-485, Application to Register Permanent Residence or Adjust Status
The final action date is January 1, 2010. This final action date will became effective July 1.

USCIS will accept all properly filed submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until June 30, 2016, and will continue to adjudicate applications while visas remain available.

If you file Form I-485 under the EB-4 classification on or after July 1, 2016:
  • We will process and make a decision on your Form I-485 only if you filed your Form I-360 petition before January 1, 2010, and your Form I-360 is ultimately approved. 
  • We will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected).
EB-4 applicants from other countries
As of July 1, 2016 there is a final action date of January 1, 2010 for special immigrant applicants for adjustment of status from Mexico, El Salvador, Guatemala and Honduras.

Applicants from El Salvador, Guatemala, and Honduras should refer to Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from El Salvador, Guatemala, and Honduras.

We will update this page if any other countries reach their EB-4 visa limits.