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

16 Aug 19

UNITED STATES

U.S. Citizenship and Immigration Services (USCIS) has announced that next month it will only accept employment-based adjustment-of-status applications based on the Final Action Dates chart that was published in the State Department’s September Visa Bulletin

The Dates for Filing chart will not apply. Employment-based immigrants must follow the Final Action Dates chart (below) to determine filing eligibility. 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 September.

Application Final Action Dates for Employment-Based Preference Cases:

Category China El Salvador Guatemala Honduras India Mexico Philippines Vietnam All Other Countries
EB-1 Jan. 1, 2014 Oct. 1, 2017 U Oct. 1, 2017 Oct. 1, 2017 Oct. 1, 2017 Oct. 1, 2017
EB-2 Jan. 1, 2017 Jan. 1, 2018 May 8, 2009 Jan. 1, 2018 Jan. 1, 2018 Jan. 1, 2018 Jan. 1, 2018
EB-3 Jan. 1, 2014 July 1, 2016 July 1, 2005 July 1, 2016 July 1, 2016 July 1, 2016 July 1, 2016

USCIS also announced that family-based immigrants will be permitted to use the Dates for Filing chart for most categories in September.

BAL Analysis: As expected, the Final Action Dates will determine filing eligibility in September. Priority cutoff dates in key employment-based categories have retrogressed significantly, and the State Department said that additional “corrective action” is possible before the end of the fiscal year. The retrogression is most likely temporary, however. Officials said that “every effort will be made to return these final action dates to (at least) the dates which had originally been announced for August.”

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

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