January Visa Bulletin Update: USCIS to Honor Dates for Filing in Most Instances Next Month
December 20, 2019
At a Glance
- USCIS has announced that in January, it will accept employment-based adjustment applications in most instances from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department's January Visa Bulletin.
- For EB-3 Worldwide (all countries except India, China and the Philippines), the agency will accept applications according to the Dates for Final Action chart, which lists these countries as Current.
Employment-Based Priority Date Cut-offs for January 2020
To be eligible to file an employment-based adjustment application in January, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. Where the dates in the Dates for Filing chart are less favorable than the Dates for Final Action chart, as is the case next month for most EB-3 countries, USCIS will accept adjustment applications from foreign nationals according to the Final Action Dates chart for that category only.
USCIS Cutoff Dates for January 2020
EB-1
China: October 1, 2017
India: March 15, 2017
All other countries: Current
EB-2
China: August 1, 2016
India: July 1, 2009
All other countries: Current
EB-3 Professionals and Skilled Workers
China: March 1, 2017
India: February 1, 2010
The Philippines: January 1, 2019
All other countries: Current*
* Though the State Department has imposed a January 1, 2019 Dates for Filing cutoff date, USCIS will accept adjustment applications from foreign nationals in this category according to the Final Action Dates Chart, which lists all other countries as “Current.”
EB-3 Other Workers
China: August 1, 2008
India: February 1, 2010
The Philippines: January 1, 2019
All other countries: Current*
* Though the State Department has imposed a January 1, 2019 Dates for Filing cutoff date, USCIS will accept adjustment applications from foreign nationals in this category according to the Final Action Dates Chart, which lists all other countries as “Current.”
EB-4
El Salvador, Guatemala, Honduras: August 15, 2016
All other countries: Current
EB-5
China: May 15, 2015
All other countries: Current
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.