U.S. Citizenship and Immigration Services has announced that in September it will only accept employment-based adjustment-of-status applications based on the State Department’s Final Action Dates chart.

The Dates for Filing chart published in the September Visa Bulletin will not apply. Employment-based immigrants must follow the 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 September.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines Vietnam
EB-1 Current March 1, 2018 Current March 1, 2018 Current Current Current
EB-2 Current Jan. 15, 2016 Current July 8, 2009 Current Current Current
EB-3 April 1, 2019 Feb. 15, 2017 April 1, 2019 Oct. 1, 2009 April 1, 2019 April 1, 2019 April 1, 2019

Additional information: September will mark the sixth time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. Family-based applicants must use the applicable Dates for Filing chart, except for F2A category applicants, who may use Final Action Dates.

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

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