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.

Application Dates for Filing for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Oct. 1, 2017 June 1, 2018 Oct. 1, 2017 June 1, 2018 June 1, 2018 June 1, 2018
EB-2 Sept. 8, 2015 Current May 22, 2009 Current Current Current
EB-3 Dec. 1, 2015 Current Jan. 1, 2010 Current Aug. 1, 2017 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 in which 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 categories.

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

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