Important Updates
Important Updates
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

October Visa Bulletin: State Department Announces Cut-Off Dates for Immigrant Visa Availability and Filing Eligibility

September 9, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The State Department today issued the October Visa Bulletin in a revised format that will affect the procedures under which certain employer-sponsored foreign nationals and their eligible dependents may submit an application for adjustment of status to permanent residence, as well as applications for interim work and travel authorization.

The revised Visa Bulletin, implementing a facet of the administrative action on immigration announced by the President and the Secretary of Homeland Security last November, is intended to alleviate some of the hardships of lengthy immigrant visa backlogs. It is also intended to improve the process for determining immigrant visa demand, minimize visa retrogression, and help to ensure that all available immigrant visas are issued each year.

Under the prior format of the Visa Bulletin, an employer-sponsored foreign national could file an application to adjust status (or an application for an immigrant visa abroad) once his or her priority date was “current” in the Visa Bulletin for his or her native country and preference category. A foreign national’s priority date – i.e., the date on which a labor certification (if required) or a Form I-140 immigrant worker petition was filed on his or her behalf – is current if it falls before the cut-off date listed in the Visa Bulletin.

The reformed Bulletin now 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 new “date for filing visa applications,” the cut-off for eligibility to submit an application for adjustment of status or an application for an immigrant visa.

APPLICATION FINAL ACTION DATES

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 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 October 2015, final action dates will advance by six years for EB-2 China, but will retrogress by eight months for EB-2 India. EB-3 final action dates will advance by nearly seven years for China and just over two years for the Philippines, but will retrogress by more than nine months for India. For all other countries, EB-3 will remain unchanged from the September Visa Bulletin. EB-5 will advance by six weeks for China, but for the EB-5 Regional Center Pilot Program, immigrant visas will be unavailable unless Congress reauthorizes the program, which expires on September 30, 2015.

DATES FOR FILING VISA APPLICATIONS

A foreign national whose priority date is earlier than the application filing date for his or her country and employment-based preference category may submit an application for adjustment of status or an application for an immigrant visa in October 2015, along with his or her eligible dependents. Foreign nationals in this category will still be subject to backlogs before they can attain permanent residence, but may file applications for an employment authorization document (EAD) and travel authorization (advance parole) while they await a green card.

 

 

WHAT VISA BULLETIN REFORM MEANS FOR EMPLOYERS AND FOREIGN NATIONALS

The following are answers to frequently asked questions for foreign nationals eligible to file an application for adjustment of status under the reformatted Visa Bulletin. This FAQ will be updated as the State Department and USCIS issue information about application filing under the revised Bulletin.

How long will foreign nationals be able to rely on the application filing window remaining open?

The application filing opportunity is expected to be available only in the early part of the fiscal year. A foreign national whose priority date is current for application filing in October must be sure to file a complete Form I-485 adjustment of status application package with USCIS by October 30, 2015 to benefit. Though the application filing window may remain open after October 2015, this is not at all guaranteed.

Does the Visa Bulletin format change mean that applicants will be issued green cards any earlier?

No, foreign nationals will not get through the permanent residence backlog any more quickly. The reformatted Visa Bulletin just affects the date by which people may file applications to adjust status.

Are dependents eligible to submit an adjustment application along with a principal employer-sponsored foreign national whose priority date is current for application filing?

Yes. The principal’s spouse and unmarried children under the age of 21 are eligible to file an adjustment application with the principal. Each family member must submit his or her own application.

Must applicants be physically present in the United States in order to file an adjustment of status application?

Yes. A foreign national must be physically present in the United States in order to file an applicant for adjustment of status. Overseas spouses of adjustment applicants should consult with a legal professional to determine whether it is appropriate to enter or reenter the United States in order to be included in the principal’s adjustment application.

What must be included in an application for adjustment of status?

Foreign nationals should contact their designated Fragomen team for instructions on the personal and family information and documents they will need to provide for each adjustment application.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the immigration professional with whom you work at Fragomen.

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.