On September 9, 2015, U.S. Citizenship and Immigration Services
(USCIS) and the Department of State revised the procedures for
determining visa availability for applicants waiting to file for
adjustment of status. These revised procedures are the result of
the immigration executive actions announced by President Obama in
November 2014 and will affect both employment-based and
family-sponsored preference categories.
There are now two charts with important dates listed on the
monthly Visa Bulletin: the Dates for Filing Applications chart and
the Application Final Actions Dates chart. The "filing
date" determines when foreign nationals may submit their
permanent residence applications; and the "final action"
date determines when the Department of State or USCIS can make a
decision on the applications.
If the foreign national has a "priority date" earlier
than the listed "filing date" for their particular
preference category and country, they will be able to file their
applications for permanent residence earlier than would have been
permitted under the old process. However, they will still have to
wait for the "final action" date to become current before
permanent residence can be approved. The "priority date"
is the date when the Application for Labor Certification (PERM) was
filed or the date the Immigrant Petition (I-140) was filed,
whichever is earlier.
While waiting for the final action date to become current (final
action on their cases), foreign nationals now have the opportunity
to receive employment authorization and travel documents. Though
most individuals stuck in the employment-based backlogs already
have employment authorization through an existing temporary visa
(H-1B, AC 21 104(c) extensions), this procedural change will give
them greater flexibility and job mobility while allowing them to
maintain their status. In addition, this procedural change will
also cut down on the expense and need to file for
"interim" visas and consular processing of new visa
If you have questions about the information included in this
update, or wish to discuss filing an application, please contact
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).