U.S. Citizenship and Immigration Services has announced that in August it will only accept employment-based adjustment-of-status applications based on the State Department’s Final Action Dates chart.

The Dates for Filing chart published in the August Visa Bulletin will not apply. Employment-based immigrants must follow the Final Action Dates chart (below) to determine whether they are eligible to file their adjustment-of-status petitions with USCIS. 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 August.

Final Action Dates for Employment-Based Preference Cases:

Preference  All Other Countries  China  El Salvador,   Guatemala,   Honduras  India  Mexico  Philippines  Vietnam
EB-1 Current Feb. 8, 2018 Current Feb. 8, 2018 Current Current Current
EB-2 Current Jan. 15, 2016 Current July 8, 2009 Current Current Current
EB-3 April 1, 2019 Feb. 15, 2017 April 1, 2019 Oct. 1, 2009 April 1, 2019 April 1, 2019 April 1, 2019

Additional information: August will mark the fifth time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. The Final Action Dates chart is less progressive than the Dates for Filing chart in a number of categories. Family-based applicants must use the applicable Dates for Filing chart, except for F2A category applicants, who may use Final Action Dates.

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

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