Normalization to the Chinese Priority Categories?


According to Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State, April 2015 will mark the end of the Chinese downgrade phenomenon due to retrogression in the EB3 China priority category by more than 9 months, back to January 1, 2011. For the first two quarters of FY2015, the EB3 China priority cutoff date has been later than the EB2 China cutoff date. As a result, EB2 China beneficiaries have filed for EB3 I-140s to take advantage of the earlier cutoff dates. Now that the cutoff dates have normalized, so too will the downgrades.

This is consistent with predictions made earlier in FY2015. Now that retrogression for EB3 China is imminent, those with EB3 China priority dates between April 1, 2011 and October 22, 2011 should prepare to file for adjustment of status before the end of April. Despite filing before the month’s end, EB3 China holders should not expect adjudication of their case in the foreseeable future because the green card numbers have likely been allocated to previously filed EB3 China petitions.

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