January Visa Bulletin update: Final Action Dates to determine filing eligibility

18 Dec 17


U.S. Citizenship and Immigration Services has announced that in January 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 January 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 January.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Current Current Current Current Current Current
EB-2 Aug. 8, 2013 Current Nov. 22, 2008 Current Current Current
EB-3 April 15, 2014 Current Nov. 1, 2006 Current Feb. 15, 2016 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 January Visa Bulletin.

BAL Analysis: This will affect Chinese and Indian nationals in the second and third preference categories, and Philippine nationals in third preference category. For other nationalities, the categories are current in both the Final Action and Dates for Filing charts for employment-based first, 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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