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).
The following are details on 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 an I-360. There is no annual limit on the number of I360 petitions 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 I-485 submissions under the EB-4 classification until June 30, 2016, and will continue to adjudicate applications while visas remain available.
For those who file Form I-485 under the EB-4 classification on or after July 1, 2016:
- USCIS will process and make a decision on the I-485 only if the applicant filed his or her I-360 petition before January 1, 2010, and the I-360 is ultimately approved.
- USCIS will reject and return other I-485 applications but will continue to process I-360 petitions (even if submitted together with an I-485 that gets rejected).
For 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 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. More info.
See also official announcement.