The previously announced filing date cut-offs have been rolled back significantly.
On September 25, the US Department of State issued a revised October Visa Bulletin that contains new and earlier filing cut-off datesthan those contained in the original October Visa Bulletin released on September 9. The new filing cut-off dates are apparently in response to concerns raised by the US Citizenship and Immigration Services (USCIS) about its ability to process a large number of adjustment of status applications.
This new bulletin supersedes the original October bulletin, which contained for the first time filing cut-off dates that allowed the filing of adjustment of status applications before visa numbers were available. The filing cut-off dates that have been adjusted are identified below in Bold type. This alert addresses Employment-Based filing dates only.
Revised filing cut-off dates are as follows:
Employment- Based |
All Chargeability |
China |
India |
Mexico |
Philippines |
|
1st |
C |
C |
C |
C |
C |
|
2nd |
C |
01JAN13 |
01JUL09 |
C |
C |
|
3rd |
01SEP15 |
01OCT13 |
01JUL05 |
01SEP15 |
01JAN10 |
|
Other Workers |
01SEP15 |
01JAN07 |
01JUL05 |
01SEP15 |
01JAN10 |
|
4th |
C |
C |
C |
C |
C |
|
Certain Religious |
C |
C |
C |
C |
C |
|
5th Targeted |
C |
01MAY15 |
C |
C |
C |
These revised filing cut-off dates will reduce the number of adjustment of status applications that can be filed on October 1; this development will come as an unpleasant surprise to many persons who planned to file such adjustment of status applications on this date, especially those in the EB-2 China, EB-2 India, and EB-3 Philippines categories. Please note that final action or approval cut-off dates in the Employment-Based preference categories remain unchanged.
We will continue to monitor the situation closely and will provide further information as soon as it becomes available.
This article is provided as a general informational service and it should not be construed as imparting legal advice on any specific matter.