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

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines Vietnam
EB-1 June 1, 2019 June 8, 2017 June 1, 2019 May 1, 2015 June 1, 2019 June 1, 2019 June 1, 2019
EB-2 Current Sept. 1, 2015 Current May 25, 2009 Current Current Current
EB-3 Jan. 1, 2017 April 15, 2016 Jan. 1, 2017 Jan. 22, 2009 Jan. 1, 2017 Jan. 1, 2017 Jan. 1, 2017

BAL Analysis: April will mark the first time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. The Final Action Dates chart is less progressive than the Dates for Filing chart in a number of categories, particularly in EB-1 and EB-3. Family-based immigrants will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which was also published in the April Visa Bulletin.

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

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.