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

The Dates for Filing chart for November is identical to the Dates for Filing chart for October, which USCIS is using to determine eligibility for the current month’s adjustment of status applications. As a result, eligible applicants in October will continue to be eligible to file their applications in November.

Dates for Filing for Employment-Based Preference Cases:

Preference China El Salvador Guatemala Honduras India Mexico Philippines All Other Countries
EB-1 Oct. 1, 2017 June 1, 2018 Oct. 1, 2017 June 1, 2018 June 1, 2018 June 1, 2018
EB-2 June 15, 2015 Current May 22, 2009 Current Current Current
EB-3 Aug. 8, 2015 Current Oct. 1, 2009 Current July 1, 2017 Current

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

BAL Analysis: USCIS’ continued use of the Dates for Filing chart in November is positive news for many employment-based immigrants, as that chart contains more progressive cutoff dates than the November Final Action Dates chart, especially in the EB-1 categories. Employment-based adjustment-of-status applicants who are eligible to file this month will continue to be eligible to file in November.

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

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