• October Visa Bulletin Update: USCIS to Honor Filing Dates for Most Employment-Based Categories Next Month
  • October 3, 2016
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • 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.