Immigration News

September 17, 2018

USCIS Will Accept Green Card Applications for Employment-Based Priority Dates Current Under the “Dates for Filing” in October

The Visa Bulletin is a notice published each month by the U.S. Department of State that reveals which priority dates are current for either “Final Action” under the final action dates chart, or current for filing under the “Dates for Filing” chart. The “Final Action” cutoff dates are the priority dates for which a green card or immigrant visa in each category may be approved, if the applicant has an approved I-130 or I140 petition and is otherwise eligible. The “Dates for Filing” cutoff dates indicate the priority dates for which the National Visa Center may accept supporting documents, or for which an applicant may file an application to adjust status to U.S. Citizenship and Immigration Service (“USCIS”). After the Department of State issues the visa bulletin USCIS publishes a notice on their website, which announces whether they will accept applications to adjust status (“green card” applications) under the “Final Action” and/or the “Dates for Filing” chart in the family-based and employment-based categories.

The October visa bulletin was released last week. For the first time since the dual “Final Action” and “Dates for Filing” charts were implemented, U.S. Citizenship and Immigration Services announced that it will accept green card applications in October for employment-based categories that are current under both the “Final Action” and “Dates for Filing” Charts. This will allow individuals who have an I-140 priority date earlier than the listed cutoff date in their category, under the “Dates for Filing” chart to file an application to adjust status. Significantly, an application to adjust status may include requests for an Employment Authorization Document and Advance Parole travel document. If an application to adjust status is accepted under the “Dates for Filing” chart that application will remain pending until the underlying I-140 priority date is current under the “Final Action” date and all review of the application is otherwise complete. Individuals who have an approved I-140 and an application to adjust status pending for 180 days or more may become eligible to “port” their pending application to a new job opening or employer.

Here is the USCIS chart entitled “Dates for Filing of Employment-Based Visa Applications” for reference.

Please feel free to contact our office if you have questions regarding the October Visa Bulletin or any other immigration matter.