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Priority-date cutoffs in a number of employment-based categories will advance significantly with the start of the new fiscal year, Oct. 1, according to the State Department’s October 2019 Visa Bulletin. U.S. Citizenship and Immigration Services announced that it would follow the State Department’s Dates for Filing chart next month.
With the notable exception of China EB-2, Final Action Dates moved forward in almost all categories. The advancement came after significant retrogression in a number of categories in recent months.
Key movements on the Final Action Date chart:
EB-1
EB-2
EB-3
Application Final Action Dates for Employment-Based Preference Cases:
After the Visa Bulletin was posted, USCIS announced that in October it would follow Dates for Filing when determining whether applicants are eligible to file for adjustment of status.
Application Dates for Filing for Employment-Based Preference Cases:
Because Vietnam is not listed on the Dates for Filing chart, adjustment of status applicants from Vietnam should use the dates listed for “all other countries.”
USCIS also announced that family-based immigrants in most categories will be permitted to use the Dates for Filing chart that is applicable to family-sponsored immigrants in October. The Dates for Filing chart for family-based immigrants was also published in the October Visa Bulletin.
BAL Analysis: Officials said last month that they would make “every effort” to return Final Action Dates to at least what they were at the beginning of August. This has now happened except in China EB-2 and China EB-3. The announcement that USCIS would honor Dates for Filing is also good news, because in many cases the Dates for Filing chart has more progressive cutoff dates than the Final Action Dates chart.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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