U.S. Citizenship and Immigration Services has announced that in January it will follow the State Department’s Dates for Filing chart, as published in the January Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Oct. 1, 2017 Current March 15, 2017 Current Current
EB-2 Current Aug. 1, 2016 Current July 1, 2009 Current Current
EB-3 Jan. 1, 2019 March 1, 2017 Jan. 1, 2019 Feb. 1, 2010 Jan. 1, 2019 Jan. 1, 2019

Family-based immigrants will also use the Dates for Filing chart applicable to family-sponsored immigrants, which was also published in the January Visa Bulletin.

BAL Analysis: January will mark the fourth straight month that USCIS will use the Dates for Filing chart. This is good news for a number of employment-based immigrants, as the Dates for Filing chart generally contains more progressive cutoff dates than the Final Action Dates chart, especially in EB-1. Because Vietnam is not included on the Dates for Filing chart, adjustment of status applicants from Vietnam should use the dates listed under “all other countries.”

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

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