USCIS has just released the visa bulletin for August 2018 which provides for visa availability retrogression in the EB-1 category for worldwide applicants. The visa bulletin determines when adjustment applications can be submitted. For EB-1 green cards the date has always been current, which means that the adjustment request could be made either concurrently with or directly after approval of the I-140 part. For other green card types, there was often a wait and only if the Priority Date, which is the date the application is received by USCIS, was before the date that was published in the visa bulletin for that month, the adjustment application could be filed.

Now the August 2018 bulletin provides for a retrogression until May 1, 2016. This means that only applications with a Priority Date BEFORE May 1, 2016 can be submitted in August 2018.

It can be assumed that the bulletin for October will again be current, because historically – at least in the other green card categories, the visa bulletins in August and September have experienced unusual fluctuation. These two visa bulletins are the last two of the US fiscal year running from October 1 to September 30, and the Department of State must ensure that all 140,000 employment-related immigrant visas are used. If not all 140,000 immigrant visas are used, visas will not be transferred to the next tax year. On the other hand, the Department of State can also not use more than 140,000 immigrant visas without violating federal law.