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

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador, Guatemala, Honduras India Mexico Philippines Vietnam All Other Countries
EB-1 Dec. 8, 2017 Dec. 1, 2017 Feb. 8, 2017 Dec. 1, 2017 Dec. 1, 2017 Dec. 1, 2017 Dec. 1, 2017
EB-2 Oct. 1, 2015 Current April 6, 2009 Current Current Current Current
EB-3 July 1, 2015 Current April 22, 2009 Current Aug. 1, 2017 Current Current

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

BAL Analysis:  Although in recent months USCIS has used the State Department’s Dates for Filing chart, the reversion to the use of Final Action Dates was expected. USCIS recently indicated that based on current trends in inventory and visa use, it anticipated having to use the Final Action Dates as early as February. Employment-based green card applicants who are currently able to file in January should do so before the end of the month.

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


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