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USCIS will permit employment based applicants to file earlier for adjustment of status

On September 9, 2015, USCIS announced revised procedures for determining when applicants can file  for Adjustment of Status.  Currently, a person cannot file for adjustment of status until his or her priority date becomes current.  Under the revised guidelines, the USCIS will permit employment-based applicants to file for adjustment of status at an earlier date determined by a cut-off date in the Visa Bulletin on a separate chart.
In coordination with Department of State, the USCIS will monitor the two charts per visa preference category that will be published 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).

The USCIS will monitor the visa numbers and will include cutoff dates in the Department of State Visa Bulletin Chart.  Each applicant can use the chart to determine whether he or she could apply for adjustment of status.  The October 2015 Visa Bulletin currently shows the two charts.

Applicants for adjustment of Status can assemble and submit documents after the cutoff date listed on the second chart even though their priority date is not yet current.  For example, on the October Visa Bulletin, a person whose priority date is August 15, 2015 (Table 5A), can still file Application for Adjustment of Status after September 1, 2015 (Table 5B).

If you have any questions, we urge you to contact about this new development, contact an immigration attorney. Zneimer & Zneimer P.C. handles a wide variety of immigration matters.