On Sept. 25, the Department of
State (DOS) published an updated Visa Bulletin for October 2015. This bulletin
supersedes the bulletin for October 2015 that was originally published on Sept.
9, 2015. Following consultations with the Department of Homeland Security
(DHS), the Dates for Filing Applications for some categories in the
Family-Sponsored and Employment-Based preferences have been adjusted to better
reflect a timeframe justifying immediate action in the application process. The
Dates for Filing Applications sections on pages 4 and 6, which have been
adjusted, have been identified in bold type and highlighted.
Applicants should use the chart
published by DOS on Sept. 25 when filing for adjustment of status. This chart
has also been updated on uscis.gov.
Please be advised that DHS will rely on this revised bulletin rather than the
bulletin published on Sept. 9, 2015, when considering whether an individual is
eligible to file his or her application for adjustment of status.
The Dates for Filing
Applications chart is a part of the revised procedures for determining visa
availability for applicants waiting to file for adjustment of status that USCIS
announced on Sept. 9, 2015. Continue reading below for more information.
Background Information
USCIS, in coordination with
Department of State (DOS), is revising the procedures for determining visa
availability for applicants waiting to file for employment-based or
family-sponsored preference adjustment of status. The revised process will
better align with procedures DOS uses for foreign nationals who seek to become
U.S. permanent residents by applying for immigrant visas at U.S. consulates and
embassies abroad.
This revised process will
enhance DOS’s ability to more accurately predict overall immigrant visa demand
and determine the cut-off dates for visa issuance published in the Visa
Bulletin. This will help ensure that the maximum number of immigrant visas is
issued annually as intended by Congress, and minimize month-to-month
fluctuations in Visa Bulletin final action dates.
The Visa Bulletin revisions
implement November 2014 executive actions on immigration announced by President
Obama and Secretary of Homeland Security Johnson, as detailed in the White
House report, Modernizing and
Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.
What is Changing
Two charts per visa preference
category will be posted in the DOS Visa Bulletin:- Application Final Action Dates (dates when visas may finally be issued); and
- Dates for Filing Applications (earliest dates when applicants may be able to apply).
Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.
To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:
- Documentarily qualified visa applicants reported by DOS;
- Pending adjustment of status applications reported by USCIS; an
- Historical drop off rate (for example, denials, withdrawals, abandonments).
About the Visa Bulletin
DOS publishes current immigrant
visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when
statutorily limited visas are available to prospective immigrants based on
their individual priority date.- The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
- Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.
Learn more about adjustment of status and the Visa Bulletin on the USCIS website.