September Visa Bulletin update: Final Action Dates to determine filing eligibility

U.S. Citizenship and Immigration Services (USCIS) has announced that next month it will only accept employment-based adjustment-of-status applications based on the Final Action Dates chart that was published in the State Department’s September Visa Bulletin

The Dates for Filing chart will not apply. Employment-based immigrants must follow the Final Action Dates chart (below) to determine filing eligibility. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in September.

Application Final Action Dates for Employment-Based Preference Cases:

USCIS also announced that family-based immigrants will be permitted to use the Dates for Filing chart for most categories in September.

BAL Analysis: As expected, the Final Action Dates will determine filing eligibility in September. Priority cutoff dates in key employment-based categories have retrogressed significantly, and the State Department said that additional “corrective action” is possible before the end of the fiscal year. The retrogression is most likely temporary, however. Officials said that “every effort will be made to return these final action dates to (at least) the dates which had originally been announced for August.”

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

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