The State Department has revised its October Visa Bulletin, moving back the “Date for Filing” cutoff dates for employment-based immigrants to be eligible to file adjustment of status applications for Chinese and Indian nationals in the EB-2 category and for Philippine nationals in the EB-3 category. Companies and employees should follow the updated Visa Bulletin (dated Sept. 25) to determine whether employees are eligible to file adjustment of status applications beginning October 1, 2015.

The Date for Filing cutoff date for EB-2 China has been revised to Jan. 10, 2013 (from May 1, 2014). For EB-2 India, the Date for Filing cutoff date has been revised to July 1, 2009 (from July 1, 2011). For EB-3 Philippines, the Date for Filing cutoff date has been moved back by nearly five years to Jan. 10, 2010 (from Jan. 1, 2015).

The revised bulletin does not change priority dates for approval of employment-based petitions (“Dates for Approval”) contained in the original October Visa Bulletin.

Below is a summary of the revised October Visa Bulletin:

“Date for Approval” priority dates for employment-based petitions:

Category China India Mexico Philippines Other Countries
EB-1 Current Current Current Current Current
EB-2 Jan. 1, 2012 May 1, 2005 Current Current Current
EB-3 Oct. 15, 2011 March 8, 2004 Aug. 15, 2015 Jan. 1, 2007 Aug. 15, 2015
Other workers Jan. 1, 2006 March 8, 2004 Aug. 15, 2015 Jan. 1, 2007 Aug. 15, 2015

“Date for Filing” priority dates for employment-based petitions:

Category China India Mexico Philippines Other Countries
EB-1 Current Current Current Current Current
EB-2 Jan. 1, 2013 July 1, 2009 Current Current Current
EB-3 Oct. 1, 2013 July 1, 2005 Sept. 1, 2015 Jan. 1, 2010 Sept. 1, 2015
Other workers Jan. 1, 2007 July 1, 2005 Aug. 15, 2015 Jan. 1, 2010 Sept. 1, 2015

BAL Analysis: The revised bulletin means that fewer employees will become eligible to file adjustment of status applications beginning in October 2015. BAL will be working with clients to notify affected employees and analyze how the latest changes to the Visa Bulletin affect individual and corporate immigration strategies. BAL is also working closely with business trade organizations and through its own relationships with government officials to monitor and influence this important issue.

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