Articles Posted in Adjustment of Status

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The visa bulletin is out at this link: August 2016 Visa Bulletin.

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries except China (January 1, 2010) and India (January 1, 2010); EB-2 is at February 1, 2014 for all countries except China (January 1, 2010) and India (November 15, 2004); EB-3 is at March 15, 2016 for all countries except India (November 8, 2004), China (January 1, 2010), and the Philippines (May 15, 2009); EB-3 other workers is at March 15, 2016 for all countries except India (November 8, 2004), China (January 1, 2004), and the Philippines (May 15, 2009); EB-4 is current for all countries except El Salvador, Guatemala, Honduras, India, and Mexico (January 1, 2010); religious workers are all current except El Salvador, Guatemala, Honduras, India, and Mexico (January 1, 2010); EB-5 non-regional and regional centers are current for all countries except China (February 15, 2014). Family based petitions are backlogged, with the most recent date at November 15, 2014 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) February 1, 1993.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (July 1, 2009) and China (June 1, 2013); EB-3 is current for all countries except India (July 1, 2005), China (May 1, 2015), and the Philippines (January 1, 2013); EB-3 other workers is current for all countries except India (July 1, 2005), China (August 1, 2009), and the Philippines (January 1, 2013); EB-4 and religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (May 1, 2015). Family based petitions are backlogged, with the most recent date at November 22, 2015 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of July 15, 1993.

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The visa bulletin is out at this link: April 2016 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (November 8, 2008) and China (September 1, 2012); EB-3 is at February 15, 2016 for all countries except India (August 8, 2004), China (August 15, 2013), and the Philippines (May 1, 2008); EB-3 other workers is at February 15, 2016 for all countries except India (August 8, 2004), China (March 1, 2007), and the Philippines (May 1, 2008); EB-4, religious workers are all current; EB-5 non-regional and regional centers are current for all countries except China (February 1, 2014). Family based petitions are backlogged, with the most recent date at October 22, 2014 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) September 1, 1992.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (July 1, 2009) and China (June 1, 2013); EB-3 is current for all countries except India (July 1, 2005), China (May 1, 2015), and the Philippines (January 1, 2010); EB-3 other workers is current for all countries except India (July 1, 2005), China (August 1, 2007), and the Philippines (January 1, 2010); EB-4, religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (May 1, 2015). Family based petitions are backlogged, with the most recent date at June 15, 2015 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of January 1, 1993.

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The visa bulletin is out at this link: February 2016 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (August 1, 2008) and China (March 1, 2012); EB-3 is at October 1, 2015 for all countries except India (June 15, 2004), China (October 1, 2012), and the Philippines (January 8, 2008); EB-3 other workers is at October 1, 2015 for all countries except India (June 15, 2004), China (December 22, 2006), and the Philippines (January 8, 2008); EB-4, religious workers are all current; EB-5 non-regional and regional centers are current for all countries except China (January 15, 2014). Family based petitions are backlogged, with the most recent date at September 1, 2014 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) August 8, 1992.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (July 1, 2009) and China (January 1, 2013); EB-3 is at January 1, 2016 for all countries except India (July 1, 2005), China (October 1, 2013), and the Philippines (January 1, 2010); EB-3 other workers is at January 1, 2016 for all countries except India (July 1, 2005), China (January 1, 2007), and the Philippines (January 1, 2010); EB-4, religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (May 1, 2015). Family based petitions are backlogged, with the most recent date at June 15, 2015 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of January 1, 1993.

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The visa bulletin is out at this link: January 2016 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (February 1, 2008) and China (February 1, 2012); EB-3 is at October 1, 2015 for all countries except India (May 15, 2004), China (July 1, 2012), and the Philippines (November 1, 2007); EB-3 other workers is at October 1, 2015 for all countries except India (May 15, 2004), China (December 1, 2006), and the Philippines (November 1, 2007); EB-4, religious workers are all current; EB-5 non-regional centers are current for all countries except China (January 8, 2014); and EB-5 regional centers are unavailable. Family based petitions are backlogged, with the most recent date at August 1, 2014 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) July 22, 1992.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (July 1, 2009) and China (January 1, 2013); EB-3 is at January 1, 2016 for all countries except India (July 1, 2005), China (October 1, 2013), and the Philippines (January 1, 2010); EB-3 other workers is at January 1, 2016 for all countries except India (July 1, 2005), China (January 1, 2007), and the Philippines (January 1, 2010); EB-4, religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (May 1, 2015). Family based petitions are backlogged, with the most recent date at June 15, 2015 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of January 1, 1993.

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On September 28, 2015, several beneficiaries of approved employment-based visa petitions for highly skilled workers filed a class action complaint in the Western District of Washington. The plaintiffs asked the court to strike down the U.S. Department of State’s (DOS) revised September 25, 2015 version of the October Visa Bulletin, and to compel USCIS to accept adjustment applications pursuant to the original September 9, 2015 Bulletin. The case is Mehta v. DOS.

Please contact our office if you have any questions or need any assistance.

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On September 25, 2015, the U.S. Department of State (DOS) published a revised October 2015 Visa Bulletin, rolling back the “Dates for Filing” for several visa categories. This “Revised September 25, 2015” Visa Bulletin supersedes the previous October Visa Bulletin published on September 9, 2015.

As a result, individuals who fall under the above-referenced categories will only be permitted to file for adjustment of status in the month of October if they have a priority date that is earlier than the new Filing Date listed in the revised September 25, 2015 Visa Bulletin.

For more information, please go to the following website.

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On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, in conjunction with the Department of State (DOS), it is revising the procedures for determining when an application for adjustment of status may be filed, and thus implementing part of President Obama’s November 2014 executive actions on immigration.

Starting with the Visa Bulletin for October 2015, there are two important dates listed on the monthly Visa Bulletin:

(1) The “filing date,” which determines when individuals can submit their permanent residence applications; and (2) The “final action” date, which indicates when DOS or USCIS can make a decision on the applications.

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The visa bulletin is out at this link: September 2015 Visa Bulletin

In the September Bulletin, there is a retrogression in the EB-2 category for India and China, with a slight forward movement in most other visa categories.

Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India and China (January 1, 2006); EB-3 is at August 15, 2015 for all countries except India, China, and the Philippines (December 22, 2004); EB-3 other workers is at August 15, 2015 for all countries except India and the Philippines (December 22, 2004) and China (January 1, 2004); EB-4, religious workers are all current; and EB-5 targeted employment areas and regional centers and EB-5 Pilot Programs are current for all countries except China (September 22, 2013). Family based petitions are backlogged, with the most recent date at March 1, 2014 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of March 1, 1992.

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The visa bulletin is out at this link: August 2015 Visa Bulletin

Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (October 1, 2008) and China (December 15, 2013); EB-3 is at July 15, 2015 for all countries except India, China, and the Philippines (June 1, 2004); EB-3 other workers is at July 15, 2015 for all countries except India, China, and the Philippines (June 1, 2004); EB-4, religious workers are all current; and EB-5 targeted employment areas and regional centers and EB-5 Pilot Programs are current for all countries except China (September 1, 2013). Family based petitions are backlogged, with the most recent date at December 15, 2013 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of January 15, 1992.

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The visa bulletin is out at this link: April 2015 Visa Bulletin

In the April Bulletin, there is a retrogression of nearly 10 months in the EB-3 category for China, with a slight forward movement in most other visa categories.

Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries, except India (September 1, 2007) and China (April 1, 2011); EB-3 is at October 1, 2014 for all countries, except India (January 8, 2004) and China (January 1, 2011)*; EB-3 other workers is at October 1, 2014 for all countries, except India (January 8, 2004) and China (August 15, 2005); EB-4, religious workers, EB-5 targeted employment areas and regional centers, and EB-5 Pilot Programs are all current. Family based petitions are backlogged, with the most recent date at August 1, 2013 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of September 22, 1991.