USCIS Announces Adjustment of Status Filing Dates for December

USCIS has announced that for December, Family-Based Adjustment of Status applicants can use the "Filing Dates" listed on the Department of State's December 2015 Visa Bulletin. Employment-Based Applicants, however, can only use the "Final Action Dates" to determine when they are eligible to submit Adjustment of Status applications. 

This announcement comes after USCIS issued updated instructions regarding the use of the Revised Visa Bulletin, implemented in September 2015, which contains two sets of dates for both family-based and employment-based immigrant visas. 

Department of State Issues Revised October Visa Bulletin, EB-2 China and India Filing Dates Retrogress

Today, September 25, 2015, the Department of State (DOS) released a revised October Visa Bulletin. The revised version supersedes the version that was originally published only a few weeks ago, on September 9, 2015. The changes come on the heels of the announcement made by USCIS and DOS earlier this month, implementing revised procedures for determining immigrant visa availability.  The agencies indicate that the revisions have been made to "better reflect a timeframe justifying immediate action in the application process."

The revisions impact the Family-Based Filing Dates for F-1 and F-3 Mexico, the Employment-Based Filing Dates for EB-2 China and India, as well as EB-3 and "Other Workers" for the Philippines, and delay when individuals in these categories will become eligible to file an application for adjustment of status.

D&S has updated the monthly Summary of the family and employment based priority dates to reflect these changes, including the new dates in bold. 

Department of State October 2015 Visa Bulletin Summary

The Department of State released the October 2015 Visa Bulletin yesterday evening in conjunction with a joint announcement with USCIS implementing revised procedures for determining immigrant visa availability.  D&S provides a monthly Summary of the family and employment based priority dates.  For October, employment based priority dates (the “Final Action” dates) for EB-2 and EB-3 India experienced a slight retrogression with EB-2 india moving back 8 months from January 1, 2006 to May 1, 2005.  However, under the new system nationals of India in the EB-2 preference category with priority dates on or before June 1, 2011, will be eligible to file the adjustment of status applications starting in October, roughly 6 years earlier than they could have filed under the prior system.  For EB-3 India, which retrogressed just over 5 months to March 8, 2004, the difference between the “Application Filing” date and “Final Action” date is less significant, allowing EB-3 Indian nationals to file their permanent residence applications approximately 1 year and 4 months earlier that under the prior system.  

There was significant forward movement in priority dates (“Final Action” dates) for EB-2 China, which progressed 6 years from January 1, 2006, to January 1, 2012.   Additionally, under the new system, EB-2 Chinese nationals with priority dates on or before May 1, 2014, are able to file their permanent residence applications starting in October, over 2 years earlier than under the previous system.  There was also significant forward movement in EB-3 China of almost 7 years with priority dates (“Final Action” dates) moving forward from December 22, 2004 to October 15, 2011.  Additionally, starting in October, EB-3 Chinese nationals with priority dates on or before October 1, 2013 will be able to file their permanent resident applications, almost 2 years earlier than under the earlier system.

UPDATE: On September 25, 2015 USCIS and DOS issued a revised visa bulletin which supersedes the bulletin issued on September 9, 2015.  For more details on the official announcement please read our D&S summary.