August Visa Bulletin update: Final Action Dates to determine employment-based filing eligibility

18 Jul 18

UNITED STATES

U.S. Citizenship and Immigration Services has announced that in August it will only accept employment-based adjustment-of-status applications based on the Application Final Action Dates chart.

The Dates for Filing chart published in the State Department’s August Visa Bulletin will not apply. Employment-based immigrants must follow the Application Final Action Dates chart (below) to determine whether they are eligible to file their adjustment-of-status petitions with USCIS. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in August.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Jan. 1, 2012 May 1, 2016 Jan. 1, 2012 May 1, 2016 May 1, 2016 May 1, 2016
EB-2 March 1, 2015 Current March 15, 2009 Current Current Current
EB-3 July 1, 2014 Current Jan. 1, 2009 Current June 1, 2017 Current

Family-based immigrants will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which was also published in the August Visa Bulletin.

BAL Analysis: The announcement will affect all workers in the first preference category, Chinese and Indian born workers in the second preference category, and workers from China, India, and the Philippines in the third preference category. For other workers, the categories are current in both the Final Action and Dates for Filing charts for employment-based second and third preferences.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.

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