• Insights

USCIS Changes Adjustment Acceptance Procedures under the New Visa Bulletin Format

October 14, 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

U.S. Citizenship and Immigration Services has revised its procedures for determining whether it will accept adjustment applications under the newly reformatted State Department Visa Bulletin, it announced today.  After the Visa Bulletin is released each month, USCIS will take an additional week to determine whether it will accept applications for adjustment and related work and travel benefits from those with a priority date that is current for application filing in the forthcoming month.     

 

The State Department’s reformed Visa Bulletin lists two sets of 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," the cut-off date for eligibility to submit an application for adjustment of status or an immigrant visa. The cut-off dates for filing eligibility were to be determined through a collaboration between the two agencies, and USCIS was to announce whether it would accept adjustments from foreign nationals in the second category at the same time the State Department issued the Visa Bulletin.

 

But as announced today, USCIS will instead make a separate determination of filing eligibility, and will post its decision on its own Visa Bulletin website each month.  USCIS will only accept adjustment applications from filing-eligible foreign nationals if it determines that there are more immigrant visa numbers available for the fiscal year than there are known applicants.  Otherwise, it will accept adjustment applications from those with priority dates that are current for final action only.  The agency indicated that it needs up to a week to gather data concerning application volume and visa availability.   

 

In the coming days, USCIS is expected to announce whether it will accept applications from those identified in the November Visa Bulletin as eligible to file.  

 

What This Means for Foreign Nationals and Employers 

Under the new USCIS procedures, foreign nationals with a priority date that is current for filing eligibility will have to wait longer to learn whether USCIS will accept their applications for adjustment of status and related work and travel benefits in the coming month.  The State Department typically issues its Visa Bulletin on the ninth or tenth day of each month.  Under the new procedures, filing-eligible foreign nationals will not know until the second half of the month whether they can file. In addition, these applicants will have less time to prepare forms and gather the supporting documents needed to file.    

 

USCIS’s change in procedure follows several weeks of uncertainty about adjustment filing under reformed Visa Bulletin.  Originally conceived by the Obama Administration as a means to improve data-sharing between USCIS and the State Department and alleviate the hardships of immigrant visa backlogs, the new Bulletin has been the subject to several policy reversals that mean far fewer foreign nationals will be able to benefit from the reforms than anticipated.

 

Fragomen is closely monitoring developments related to the Visa Bulletin, and will notify clients when USCIS makes its announcement about adjustment application acceptance filing.  If you have any questions about the Visa Bulletin or adjustment of status procedures, please 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

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
July 15, 2026 | 🌐Minimum Salary Changes Announced
July 15, 2026 | United KingdomUnited Kingdom: India Young Professional Scheme Ballot to Open Shortly
July 15, 2026 | United StatesUnited States: CDC Extends Entry Ban to August 12 for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan
July 14, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
July 15, 2026 | 🌐Minimum Salary Changes Announced
July 15, 2026 | United KingdomUnited Kingdom: India Young Professional Scheme Ballot to Open Shortly
July 15, 2026 | United StatesUnited States: CDC Extends Entry Ban to August 12 for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan
July 14, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
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.