Policy Updates

Visa Bulletin Advancement: EB-1 China (2026-03)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2023-02-01 to 2023-03-01 in the 2026-03 bulletin. This may allow additional applicants to proceed with their petitions.

Chinese EB-1C applicants will face heightened scrutiny under the new vetting protocols. Because China is unlikely to enter into a reciprocal CHRI sharing agreement as a 'trusted ally,' applicants may experience manual verification delays and increased Requests for Evidence (RFEs) regarding their legal history.

As China frequently faces wait times for EB-1 visas, the ability to expedite I-140 petitions is essential for corporate planning and status maintenance. The higher fee increases the total cost of immigration for high-level corporate transfers from China.

Visa Bulletin Advancement: EB-1 China (2026-01)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2023-01-22 to 2023-02-01 in the 2026-01 bulletin. This may allow additional applicants to proceed with their petitions.

The focus on corporate structures may specifically target Chinese firms with complex ownership models, leading to prolonged administrative processing. Given the existing EB-1 backlog for China, these additional screening measures further extend the timeline to permanent residency.

Visa Bulletin Advancement: EB-1 China (2025-12)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-12-22 to 2023-01-22 in the 2025-12 bulletin. This may allow additional applicants to proceed with their petitions.

China remains subject to per-country caps that result in EB-1 backlogs, making the I-140 fee increase a significant consideration for corporate budgeting. The inflation adjustment increases the overhead for Chinese firms transferring high-level leadership to U.S. subsidiaries.

Chinese applicants face significant wait times and high filing volumes in the EB-1 category. The stay on the fee increase and the Asylum Program Fee reduces the immediate financial burden on petitioners, which is critical for maintaining the flow of executive transfers from China.

With China facing persistent EB-1 backlogs, the timing of the I-140 filing is critical for securing a visa number. The mandate for electronic payments necessitates that US petitioners have robust digital payment infrastructures to avoid rejection of time-sensitive petitions.

Visa Bulletin Advancement: EB-1 China (2025-10)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-11-15 to 2022-12-22 in the 2025-10 bulletin. This may allow additional applicants to proceed with their petitions.

USCIS is expected to scrutinize the legitimacy of parent-subsidiary relationships between Chinese entities and U.S. offices more closely. Increased fraud detection measures may lead to higher denial rates for petitions involving complex or opaque corporate structures common in Chinese foreign direct investment.

With heightened geopolitical tensions, Chinese EB-1C petitions may undergo rigorous verification of corporate ties and financial flows. Special agents will likely focus on the legitimacy of the US-China corporate relationship and the actual executive duties performed by the beneficiary.

Chinese applicants, who frequently utilize the EB-1C category, will see improved reliability in fee processing through electronic funds. This procedural update helps avoid delays associated with physical check processing in the high-demand EB-1 category.

USCIS often scrutinizes Chinese corporate entities for authenticity. This policy update increases the risk of denials or fraud findings for Chinese executives if documentation regarding the foreign entity's operations or the executive's actual managerial duties is deemed insufficient.

Given the current geopolitical climate, Chinese EB-1C applicants from state-owned or state-linked enterprises will likely face rigorous ideological vetting. This policy may lead to increased denials for managers perceived to have ties to anti-American political structures or rhetoric.

Similar to India, China has a specific cut-off date for EB-1. This policy change provides a vital buffer for children of Chinese executives, as the Dates for Filing chart secures their derivative status much earlier than the Final Action Date chart.

Chinese nationals frequently utilize the EB-1C pathway for corporate transfers and face wait times due to per-country limits. The updated fee structure increases the financial barrier for I-140 petitions while the priority date for China remains subject to periodic retrogression.

Visa Bulletin Advancement: EB-1 China (2025-07)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-11-08 to 2022-11-15 in the 2025-07 bulletin. This may allow additional applicants to proceed with their petitions.

Given the scrutiny on certain corporate entities, the formalization of derogatory info disclosure allows petitioners to address eligibility concerns directly. This is critical for maintaining progress toward permanent residency in a backlogged category where a denial can lead to years of lost time.

China often faces priority date backlogs in the EB-1 category. This policy ensures that medical exams remain valid throughout the adjudication process, even if the visa bulletin regresses or processing stalls for several years.

Chinese applicants often experience retrogression in the EB-1 category; this change streamlines the medical exam process for those currently eligible to file for Adjustment of Status. It eliminates the need for COVID-19 vaccination documentation, which can vary in availability depending on the applicant's initial entry date to the U.S.

As China is subject to per-country caps and EB-1 retrogression, procedural errors under the new USCIS guidelines could lead to petition returns. This would delay the ability to file for adjustment of status or concurrent filing benefits when priority dates are favorable.

Chinese nationals currently subject to priority date waitlists will see a slight delay if their final interview or biometrics were scheduled for Jan. 9. This adds a minor increment to the already lengthy processing times for Chinese executives and managers.

Visa Bulletin Advancement: EB-1 China (2024-10)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-11-01 to 2022-11-08 in the 2024-10 bulletin. This may allow additional applicants to proceed with their petitions.

Visa Bulletin Advancement: EB-1 China (2024-07)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-09-01 to 2022-11-01 in the 2024-07 bulletin. This may allow additional applicants to proceed with their petitions.

Visa Bulletin Advancement: EB-1 China (2024-04)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-07-15 to 2022-09-01 in the 2024-04 bulletin. This may allow additional applicants to proceed with their petitions.

Visa Bulletin Advancement: EB-1 China (2024-03)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-07-01 to 2022-07-15 in the 2024-03 bulletin. This may allow additional applicants to proceed with their petitions.

Visa Bulletin Advancement: EB-1 China (2024-01)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-02-15 to 2022-07-01 in the 2024-01 bulletin. This may allow additional applicants to proceed with their petitions.

Visa Bulletin Advancement: EB-1 China (2023-10)

The Department of State advanced the EB-1 Final Action Date for China chargeability from 2022-02-01 to 2022-02-15 in the 2023-10 bulletin. This may allow additional applicants to proceed with their petitions.

Visa Bulletin Retrogression: EB-1 China (2023-01)

The Department of State retrogressed the EB-1 Final Action Date for China chargeability from Current to 2022-02-01 in the 2023-01 bulletin. Applicants who previously had no priority date restriction now face a backlog.