December Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month

United States

November 16, 2015 - Updated

USCIS has announced that, next month, it will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action according to the State Department’s December Visa Bulletin. Employer-sponsored foreign nationals with a priority date that makes them eligible for filing, but not final action, will not be able to submit an adjustment application to USCIS in December.   

As we have reported, USCIS recently revised its process for determining whether it will accept adjustment applications under the State Department’s reformed  Visa Bulletin. The reformed Bulletin lists two cut-off dates for each backlogged employment-based preference category and country: (1) an "application final action" date, the cut-off date for final approval of a green card application; and (2) a "date for eligibility to file visa applications," the cut-off date for eligibility to submit an application for adjustment of status or an immigrant visa. Within a week after the Visa Bulletin is published, USCIS will announce whether it will accept adjustment applications from foreign nationals with a current priority date in either category or only those with a priority date that is current for final action. 

Employment-Based Final Action Dates for December 2015

To be eligible to file an employment-based adjustment application in December, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

What This Means for Foreign Nationals and Employers 

Foreign nationals with a priority date that makes them eligible to file must submit an adjustment application to USCIS by November 30. USCIS will not accept employment-based adjustment applications from foreign nationals who are current under the second category of priority dates in December.  

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

 

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