ARTICLE
15 October 2015

USCIS Issues Further Guidance On The New Filing Date Visa Bulletin

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications ("filing date") chart.
United States Immigration

In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications ("filing date") chart. This chart differed from the classic Visa Bulletin "priority date" chart now known as the Application Final Action Date chart. USCIS has now announced that it will provide information each month on when applicants should use the filing date versus the priority date chart to evaluate whether or not they can file an application to adjust status or immigrant visa application.

Timeline

The new USCIS process is slated to begin with the November 2015 Application Final Action Date chart, which was released on October 9th. Each month, USCIS will evaluate whether or not there are immigrant visa numbers available for each category and post on its website if individuals may use the filing date chart. 

USCIS states that it anticipates, "making this determination each month and posting the relevant chart on our website within one week of DOS' publication of the Visa Bulletin." 

Process

USCIS has clarified that the filing date chart may ONLY be used if the agency provides an update and information stating so on its website here. If no additional information is provided by USCIS, applicants should assume that they should follow the DOS Application Final Action Date chart to guide filing decisions and adjudication timing questions. 

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More