For the first time in many years, the EB-1 green category is no longer a fast track for all who qualify. For now. Recent predictions of an EB-1 visa regression came true when the August 2016 visa bulletin showed a final action deadline for EB-1 applicants born in China or India.

Many applicants from India or China who filed an I-140 EB-1 petition on or after the deadline will not be able to obtain an immigrant visa or adjust their status until new visas become available.

Here is what you need to know if you are an Indian or Chinese citizen who has applied or plans to apply for an EB-1 green card:

• The visa stack applies to EB-1A Extraordinary Ability, EB-1B Outstanding Researcher, and EB-1C Multinational Executive/Manager Green Card applicants.
• You can submit your I-140 petition at any time. The visa bulletin only controls when you can file your I-485 adjustment of status application and when it can be approved.
• If you are still waiting for approval of your I-140 petition, you can apply for adjustment of status before July 31, 2016.
• If your I-140 petition was approved before January 1, 2010, you can apply for adjustment of status as early as August.
• If you plan to apply for EB-1 in July, you can apply for adjustment of status (I-485) at the same time. However, if your I-140 application is denied, your I-485 application will also be denied.
• If your I-140 is approved and you have applied for an adjustment of status, your I-485 will remain in process and cannot be approved until your priority date is updated. Please continue to check the visa bulletin final action box to determine if your priority date is current.
• If you are nearing the sixth year of your H-1B visa, your EB-1 I-140 is approved, and your priority date is January 1, 2010 or later, then you are eligible for a three-year extension.
• Each fiscal year, a new allocation of 140,000 employment-based visas is made available. According to the State Department’s announcement last month, the EB-1 status will be back in effect this October.

This unusual backlog is caused by the large number of applications and approvals in the EB-1 category in the last year. Because the EB-1 category enjoys the highest priority in the order of immigrant visa numbers, it will continue to be the fastest path for qualified job applicants. If you would like an evaluation of your EB-1 eligibility, please send me a detailed CV at [email protected] for a free initial review.