Business Immigration Insights

In response to the Obama Administration’s recommendations to speed-up the backlogged permanent residence process, the State Department issued a revamped monthly Visa Bulletin.  The new Bulletin contains charts for employment- and family-based cases that can be approved (similar to the previous charts), and new charts showing when applicants can file their adjustment of status applications.  Those filing based on the latter charts will reap the benefits of filing adjustment of status applications (interim work and travel permission, as well as immigrant visa petition (I-140) portability), even though their applications will be held until the backlog clears and their applications can be adjudicated.

This development is welcome news to those waiting many years to file their adjustment of status applications.

UPDATE:  On September 25, 2015, the State Department announced that following conversations with the USCIS, the adjustment of status filing dates issued on September 9, 2015, have been revised.  The employment-based categories that are affected are: EB-2 China (changed from 05/01/2014, to 01/01/2013); EB-2 India (changed from 07/01/2011, to 07/01/2009); and EB-3 Philippines (changed from 01/01/2015, to 01/01/2010).  These changes mean that some who planned to file their adjustment of status applications on October 1, 2015, will not be able to do so until their priority dates are current for filing purposes.