U.S. Citizenship and Immigration Services has announced that in October 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 October Visa Bulletin will not apply. Employment-based immigrants must follow the Application 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 October.

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 May 22, 2013 Current Sept. 15, 2008 Current Current Current
EB-3 Jan. 1, 2014 Current Oct. 15, 2006 Current Dec. 1, 2015 Current

Family-based immigrants, however, will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which was also included in the October 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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