On December 13, 2018, the Department of State (DOS) released the January 2019 Visa Bulletin. Of particular relevance is the employment-based third (EB-3) and second preference (EB-2) category for India and China. The EB-3 category for beneficiaries born in China and India has a priority date earlier than the EB-2 category.
Employers may consider downgrading Indian and Chinese nationals’ green cards from EB-2 to EB-3 for priority dates before:
- Indian Nationals: April 01, 2010
- Chinese nationals: January 01, 2016
Employers can do this by filing a concurrent or new Immigrant Petition for Alien Worker (Form I-140).
|Employment- Based||All Chargeability Areas Except Those Listed||CHINA- mainland born||El SALVADOR GUATEMALA HONDURAS||INDIA||MEXICO||PHILIPPINES|
|Certain Religious Workers||C||C||01May16||C||C||C|
|5th Non-Regional Center (C5 and T5)||C||01OCT14||C||C||C||C|
|5th Regional Center (I5 and R5)||C||01OCT14||C||C||C||C|
We recommend working with your Immigration Practitioner to address any questions or concerns you may have.
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