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U.S. Citizenship and Immigration Services announced that in December it will accept adjustment-of-status applications for employment-based preference categories 1 through 4 according to the priority cutoff dates in the Dates for Filing chart published in the State Department’s December Visa Bulletin.
Applicants in the employment-based 5th preference category must use the Final Action Dates chart. Family-based adjustment-of-status applicants can use the Dates for Filing chart for family-sponsored applications.
Key points:
Dates for Filing of Employment-Based Visa Applications:
Background: Under the two-chart Visa Bulletin system, the State Department publishes a Final Action Dates chart and a tentative Dates for Filing chart every month. USCIS then determines whether there are enough visa numbers available to honor the Dates for Filing chart; if there are not enough visas, the priority cutoff dates in the Final Action Dates chart control filing eligibility. USCIS adjudication of the adjustment of status application will be governed by priority dates listed in the Final Action Dates chart.
B·A·L Analysis: The filing eligibility dates benefit employment-based green card applicants in several backlogged categories, including China and India EB-2 and EB-3, and all EB-3 categories. Those who are eligible to file according to the Dates for Filing chart in November are strongly encouraged to apply in November if possible and no later than December, as there is no guarantee that USCIS will continue to accept the Dates for Filing chart in subsequent months.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2016 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.
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