December Visa Bulletin update: Dates for Filing chart to be used for employment-based applicants

December Visa Bulletin update: Dates for Filing chart to be used for employment-based applicants

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.

Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

More immigration news

See More