The previously announced filing date cut-offs have been rolled back significantly.

On September 25, the US Department of State issued a revised October Visa Bulletin that contains new and earlier filing cut-off datesthan those contained in the original October Visa Bulletin released on September 9. The new filing cut-off dates are apparently in response to concerns raised by the US Citizenship and Immigration Services (USCIS) about its ability to process a large number of adjustment of status applications.

This new bulletin supersedes the original October bulletin, which contained for the first time filing cut-off dates that allowed the filing of adjustment of status applications before visa numbers were available. The filing cut-off dates that have been adjusted are identified below in Bold type. This alert addresses Employment-Based filing dates only.

Revised filing cut-off dates are as follows:


Employment-
Based

All Chargeability
Areas Except
Those Listed

China
(mainland
born)

India

Mexico

Philippines

1st

C

C

C

C

C

2nd

C

01JAN13
 (changed from 01MAY14)

01JUL09
 (changed from 01JUL11)

C

C

3rd

01SEP15

01OCT13

01JUL05

01SEP15

01JAN10
(changed from 01JAN15)

Other Workers

01SEP15

01JAN07

01JUL05

01SEP15

01JAN10
(changed from 01JAN15)

4th

C

C

C

C

C

Certain Religious
Workers

C

C

C

C

C

5th Targeted
Employment Areas/
Regional Centers
and Pilot Programs

C

01MAY15

C

C

C

These revised filing cut-off dates will reduce the number of adjustment of status applications that can be filed on October 1; this development will come as an unpleasant surprise to many persons who planned to file such adjustment of status applications on this date, especially those in the EB-2 China, EB-2 India, and EB-3 Philippines categories. Please note that final action or approval cut-off dates in the Employment-Based preference categories remain unchanged.

We will continue to monitor the situation closely and will provide further information as soon as it becomes available.

This article is provided as a general informational service and it should not be construed as imparting legal advice on any specific matter.