• Insights

The October 2015 Visa Bulletin Revision: Answers to Frequently Asked Questions

September 28, 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

United States

The State Department’s sudden revision of the October Visa Bulletin late last Friday forecloses the ability of some employer-sponsored foreign nationals to file an application for adjustment of status and interim work and travel benefits next month.  

Fragomen and others in the business immigration community have been working throughout this process to make the government aware of the significant negative consequences that the Visa Bulletin revision will have on employers, foreign nationals and their families.  While advocacy efforts continue, the following are initial answers to common questions about the impact of the Visa Bulletin revision.

Why was the October Visa Bulletin revised?

At the urging of USCIS, the State Department rolled back priority date cutoffs for eligibility to file in the EB-2 India and China and EB-3 Philippines subcategories, superseding an earlier version of the Bulletin that was released on September 9. Though neither USCIS nor the State Department has provided a detailed explanation for the revision, it appears that the agencies overestimated the number of immigrant visas that would be available to new applicants in the affected subcategories. Fragomen and its advocacy partners are seeking further information on the reasons for the revision.

Could the State Department revert to the original October 2015 Visa Bulletin?

No, despite vigorous advocacy efforts within the immigration community, it is unlikely that the State Department will reinstate the original October Visa Bulletin or that USCIS will agree to accept adjustment applications from foreign nationals whose priority dates were current under the original Bulletin but are not under the revision.

Will a lawsuit be filed against the government?  If so, must employers and foreign nationals participate in a lawsuit in order to benefit?

Several exploratory efforts are underway to rapidly bring individual or class actions by or on behalf of foreign nationals negatively affected by the October Visa Bulletin revision.  However, it should not be necessary to serve as a named plaintiff or file an adjustment and have it rejected or denied in order to benefit from any positive outcome.

Litigation options are also under consideration among affected employers and trade associations, similar to those brought in 2007 when the State Department suddenly opened, then abruptly closed a filing window for employer-sponsored green card applicants.  

My priority date was current for application filing under the original October 2015 Visa Bulletin, but is not under the revised Bulletin.  Should I file my adjustment despite the revision?  

No, if your priority date is no longer current due to the October Visa Bulletin revision, you should not file an adjustment application next month.  If you were to file, your application would be rejected or denied by USCIS.  The agency should return the application filing fees, but if fee checks are cashed in error, you risk the potential loss of those fees or a possibly lengthy delay in having them returned.

As noted above, in case of litigation against the government, it should not be necessary to file an adjustment and have it rejected or denied in order for you to benefit from any positive outcome.

Could priority date cutoffs for adjustment filing be advanced in the November bulletin?

If efforts to further revise the October Visa Bulletin are not successful, it is possible that cutoff dates could advance in November.  Fragomen is seeking further information, but any such advancements would not be known with certainty until the November Visa Bulletin is made available in early October.  

Fragomen will issue further Client Alerts on the Visa Bulletin as developments occur.  If you have specific 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

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.