U.S. Citizenship and Immigration Services has announced that in December it will follow the State Department’s Dates for Filing chart, as published in the December Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Sept. 1, 2017 Current March 15, 2017 Current Current
EB-2 Current Aug. 1, 2016 Current July 1, 2009 Current Current
EB-3 Current March 1, 2017 Current Feb. 1, 2010 Current Current

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

BAL Analysis: December will mark the third straight month that USCIS will use the Dates for Filing chart. This is good news for a number of employment-based immigrants, as the Dates for Filing chart contains more progressive cutoff dates than the Final Action Dates chart, especially in EB-1. Because Vietnam is not included on the Dates for Filing chart, adjustment of status applicants from Vietnam should use the dates listed under “all other countries.” The State Department has indicated that USCIS may return to Final Action Dates in the January Visa Bulletin.

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

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