Important Updates
Important Updates
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
October 1, 2025 | United StatesUnited States: Federal Government Enters a Shutdown, Though Most Immigration Functions Remain in Operation
October 1, 2025 | United StatesUnited States: Senators Grassley and Durbin Introduce H-1B and L-1 Visa Reform Act
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
September 30, 2025 | United StatesPartner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
October 1, 2025 | United StatesUnited States: Federal Government Enters a Shutdown, Though Most Immigration Functions Remain in Operation
October 1, 2025 | United StatesUnited States: Senators Grassley and Durbin Introduce H-1B and L-1 Visa Reform Act
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
September 30, 2025 | United StatesPartner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • 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
  • Insights

Visa Bulletin Changes are Good for Businesses and Families

September 15, 2015

Country / Territory

  • United StatesUnited States

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Austin T. Fragomen, Jr.

The State Department’s monthly Visa Bulletin will take a new form on October 1. The change will allow certain foreign nationals and their eligible dependents to submit applications for adjustment of status to permanent residence, as well as applications for interim work and travel authorization, well before an immigrant visa is available to them. This window of opportunity—which may only last for one month, though that is still unclear—is a boon both to businesses that employ foreign workers in the United States, and to individual foreign nationals whose plans to immigrate are stymied by what are often years-long backlogs.
 
The change is a centerpiece of President Obama’s executive action on immigration , which is meant to go well beyond the deferred action for certain undocumented immigrants which has been the focus of most press coverage.
 
What is Changing?
 
As announced by the President and the Secretary of Homeland Security last November, the Administration is committed to modernizing and improving the way in which our country’s immigration visa programs are managed. By allowing principal applicants and their family members to submit applications for adjustment of status before immigrant visa numbers can actually be allocated to them, they can obtain interim work and travel authorization which can be renewed until they are granted permanent residence. This benefit is especially valuable to employees who may wish to avail themselves of I-140 portability (allowing them to move to a new job for the sponsoring employer, or to a job with another employer, once their adjustment application has been pending for more than 180 days), and to spouses who may not have been eligible for employment authorization before.
 
Under the usual practice, a foreign national can file an application to adjust status (or an application for an immigrant visa abroad) only when his or her priority date is “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 lists two critical cut-off dates for each backlogged family- and employment-based preference category and country: (1) a cut-off date for actual immigrant visa availability, as has traditionally been reported in the Bulletin; and (2) a new cut-off date for eligibility to file an application for adjustment of status or an immigrant visa.
 
The second set of cut-off dates for October are mostly one or two years later than the immigrant visa availability date, depending on the preference category and country. Those who qualify under one of the second cut-off dates (which are being called “dates for filing”) will still not be able to receive a green card until an immigrant visa number becomes available to them. But they and their eligible dependents will be able to file their applications for adjustment of status, as well as applications for interim work and travel authorization, once their priority date reaches the second cut-off date.
 
Impact on China and India Employment-Based Categories
 
The new, two-tiered format of the Visa Bulletin will have the greatest impact on the employment-based immigrant visa categories for persons born in China and India, which have typically suffered from the lengthiest backlogs in the employment-based immigration system.
 
For example, immigrant visas for Chinese beneficiaries of approved I-140 immigrant worker petitions in the second employment-based (EB2) immigrant visa category are only available to persons whose priority date is before January 1, 2012 in the October Visa Bulletin. The Department of State is calling this the “application final action date.” However, Chinese EB-2 beneficiaries are eligible to file an adjustment application with U.S. Citizenship and Immigration Services (USCIS) if their priority dates are before May 1, 2014—meaning they can file a full two-and-a-half years earlier than under normal practice. For the Chinese EB-3 category for professionals and skilled workers, the application final action date is October 15, 2011, while the date for filing is October 1, 2013.
 
The impact is even more dramatic for certain Indian nationals. An India-born beneficiary of an approved I-140 immigrant petition in the EB2 category is only eligible for an immigrant visa if his or her priority date is before May 1, 2005 in the October Visa Bulletin. But that same person is eligible to submit an adjustment application to U.S. Citizenship and Immigration Services (USCIS) if his or her priority date is before July 1, 2011—a difference of more than six years. The EB-3 professional/skilled worker application final action date for India is March 8, 2004, while the date for filing is July 1, 2005.
 
Filing Window Expected to Close Quickly
 
This early application filing opportunity is expected to be available only in the early part of the fiscal year, which begins on October 1, which means there will be a rush to file adjustment and related applications by October 30, 2015. The principal applicant’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, and all adjustment applicants must be physically present in the United States when their applications are filed.
 
The Department of State will monitor the pace of filings during the month of October to determine how long to keep this special filing opportunity open. An unexpectedly large volume of filings in the month of October could lead to retrogression of priority dates in November. Though the application filing window may remain open after October 2015, this is not guaranteed.
 
This change is not only good for business and families, by providing more clarity and peace of mind to the individuals going through the process of seeking permanent residence in the United States. It also helps the State Department make more reliable determinations of visa demand, which should, in turn, help ensure that all immigrant visas authorized by Congress are actually issued to eligible individuals each year.

Country / Territory

  • United StatesUnited States

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Business Insider: Trump's $100,000 Visa Fee Threatens Wall Street's Pipeline of Junior Bankers and Tech Talent

Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Learn more

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Media mentions

Investopedia: ICE Crackdowns Are Changing Workplaces: 37% of Americans Report Feeling Less Safe at Work

Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Business Insider: Trump's $100,000 Visa Fee Threatens Wall Street's Pipeline of Junior Bankers and Tech Talent

Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Learn more

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Media mentions

Investopedia: ICE Crackdowns Are Changing Workplaces: 37% of Americans Report Feeling Less Safe at Work

Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

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.