United States

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

18 Oct 19

UNITED STATES

U.S. Citizenship and Immigration Services has announced that in November it will follow the State Department’s Dates for Filing chart, as published in the November 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 July 1, 2019 Sept. 1, 2017 July 1, 2019 March 15, 2017 July 1, 2019 July 1, 2019
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 November Visa Bulletin.

BAL Analysis: November will mark the second 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 the EB-1 category. 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.”

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

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