November 2015 Visa Bulletin: No Advancement in Filing Eligibility Dates; Modest Advancement in Final Action Dates

United States

The State Department issued its  November Visa Bulletin today, announcing that there will be little change from the revised October Visa Bulletin.  There will be no advancement in cutoff dates in the filing eligibility category, and only modest advancement in cutoff dates in the final action category.  The latest bulletin maintains its recently revised format, which lists two cut-off dates for each backlogged employment-based preference category and country: (1) an “application final action” date, as has always been reported in the Bulletin; and (2) a “date for eligibility to file visa applications.”

In a departure from last month’s bulletin, USCIS has not yet confirmed whether it will continue to accept adjustment of status applications from applicants who are eligible to file visa applications.  The agency will make an announcement on this issue later this month, after it receives enough filing data to make this determination. 

Application Final Action Dates for November 2015

The State Department and USCIS will use the dates outlined below for acceptance of and final action on applications for adjustment of status and immigrant visas in November.  An employer-sponsored foreign national whose priority date is earlier than the application final action date for his or her country and employment-based preference category, as listed on the chart below, will be eligible for final agency action to issue an immigrant visa, subject to government processing times. Those with a pending or approved Form I-140 immigrant worker petition can submit an application for adjustment of status or an immigrant visa. Others with a current priority date can file an I-140 and adjustment application concurrently.

In November, the final action cutoff date for EB-2 China will advance by one month, to February 1, 2012, and by fifteen months, to August 1, 2006, for EB-2 India.  

The final action cutoff date for the EB-3 and other worker subcategories for China will advance by about three months, to January 1, 2012 and April 1, 2006.  The EB-3 and other workers subcategories for India will advance by three months, to April 1, 2004; and for the Philippines by about six months, to June 15, 2007. All other backlogged EB-3 and other worker subcategories will remain unchanged at August 15, 2015. 

EB-5 China, which became subject to a cutoff date earlier this year, continues to slowly advance in the final action queue, moving ahead by six weeks to November 22, 2013. 

Dates for Filing  Visa Applications in November 2015

There will be no changes to cutoff dates for filing visa applications from those announced in the revised October Visa Bulletin.  The State Department will use the dates identified previously and outlined below  to determine which applicants for immigrant visas can submit supporting documents to the National Visa Center in connection with their visa applications.  A foreign national whose priority date on the chart below is earlier than the application filing date for his or her country and employment-based preference category can expect to receive detailed instructions from the NVC on how to submit supporting documentation in November, along with his or her eligible dependents. Foreign nationals in this category will still be subject to backlogs before they can attain permanent residence.

As noted above,  USCIS will announce later this month  whether it will accept adjustment of status applications from those with a priority date that is current according to this chart. Given the uncertainty about whether USCIS will continue to accept such applications in November, applicants who are currently eligible to file adjustment applications are encouraged to submit their documentation this month. 

 

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