U.S. Citizenship and Immigration Services has announced that in May 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 May 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 May.

Application Final Action Dates for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Jan. 1, 2012 Current Jan. 1, 2012 Current Current Current
EB-2 Sept. 1, 2014 Current Dec. 22, 2008 Current Current Current
EB-3 June 1, 2015 Current May 1, 2008 Current Jan. 1, 2017 Current

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

BAL Analysis: The announcement will affect Chinese and Indian nationals in the first, second and third preference categories and Philippine nationals in the third preference category. For other nationalities, the categories are current in both the Final Action and Dates for Filing charts for employment-based first, second and third preferences.

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

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