October Visa Bulletin Update: USCIS to Honor Filing Dates for Most Employment-Based Categories Next Month

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for filing under the State Department’s October Visa Bulletin.  However, the agency will not accept adjustments under the soon-to-expire EB-5 Regional Center program unless it is reauthorized by Congress.  If there is legislative action extending the program, USCIS will issue an update on acceptance of these cases.

Since last year’s reform of the monthly Visa Bulletin to reflect two sets of cut-off dates for each backlogged immigrant visa preference category and country – an application final action date and a date for eligibility to file an application – USCIS has honored employment-based eligibility to file dates only once before, in November 2015.

Employment-Based Filing Dates for October 2016

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

EB-1
Current for all countries. 

EB-2
China: March 1, 2013
India: April 22, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers
China:  May 1, 2014
India: July 1, 2005
Philippines: September 1, 2013
All other countries: Current

EB-3 Other Workers
China: August 1, 2009
India: July 1, 2005
Philippines: September 1, 2013
All other countries: Current

EB-5 Non-Regional Center
China: June 15, 2014
Current for all other countries.

EB-5 Regional Center
Unavailable for all countries unless reauthorized by Congress.

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