Applicants waiting to file for an adjustment of status to become a lawful permanent resident may use the "Dates for Filing Applications" chart in the October 2018 Visa Bulletin to determine whether it is their turn to apply to US Citizenship and Immigration Services (USCIS).
Each month, the US Department of State (DOS) publishes the Visa Bulletin, which shows immigrant visa availability for applicants waiting to file for permanent residence, either through a US consular post abroad or USCIS here in the US. There are two charts in the Visa Bulletin: "Application Final Action Dates" and "Dates for Filing Applications." The former indicates dates when a final visa may be issued and a green card granted; the latter indicates the earliest dates when applicants may be able to apply.
Generally, the Dates for Filing Applications chart has cutoff dates later than those in the Application Final Action Dates chart. This allows applicants to apply earlier and gives the government time to process the applications.
After the DOS announced the dual chart system in 2015, USCIS announced how it uses the charts. Under the current procedure, approximately one week after the DOS publishes its monthly Visa Bulletin, USCIS announces on its website which chart is to be used for the upcoming month. Applicants must follow USCIS' announcement in determining when to apply.
Usually, USCIS uses the Application Final Action Dates chart which delayed filings, with the exception of only five times since 2015 when it indicated that the other chart may be used. It is therefore welcome news that USCIS has announced that the following Dates for Filing Applications chart may once again be used in October 2018. What this means is that employment-based applicants with a priority date earlier than the one indicated in the below chart, may now file their applications this month.
| Dates for filing for employment-based adjustment of status applications | ||||||
|---|---|---|---|---|---|---|
| Employment-based | ALL CHARGEABILITY AREAS (except those listed) | CHINA (mainland born) | EL SALVADOR, GUATEMALA and HONDURAS | INDIA | MEXICO | PHILIPPINES |
| 1st | June 1, 2018 | October 1, 2017 | June 1, 2018 | October 1, 2017 | June 1, 2018 | June 1, 2018 |
| 2nd | C | June 15, 2015 | C | May 22, 2009 | C | C |
| 3rd | C | August 8, 2015 | C | October 1, 2009 | C | July 1, 2017 |
| Other Workers | C | June 1, 2008 | C | October 1, 2009 | C | July 1, 2017 |
| 4th | C | C | May 1, 2016 | C | C | C |
| Certain religious workers | C | C | May 1, 2016 | C | C | C |
| 5th Non-regional center (C5 and T5) |
C | October 1, 2014 | C | C | C | C |
| 5th Regional center (I5 and R5) |
C | October 1, 2014 | C | C | C | C |
About Dentons
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.
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.
