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

The Dates for Filing chart, published in the State Department’s February Visa Bulletin, will not apply. Employment-based immigrants must follow the Application Final Action Dates chart (below) to determine if 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 February.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Current Current Current Current Current Current
EB-2 Nov. 15, 2012 Current April 15, 2008 Current Current Current
EB-3 Oct. 1, 2013 Oct. 1, 2016 March 22, 2005 Oct. 1, 2016 Oct. 15, 2011 Oct. 1, 2016

This marks the second straight month that the Dates for Filing chart will not apply to employment-based filings. Family-based immigrants, however, will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which also is contained in the February Visa Bulletin.

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

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