October Visa Bulletin
/Each month, the U.S. Department of State publishes the Visa Bulletin, listing all "preference" categories and states whether or not a backlog exists for each one. The October 2019 visa bulletin marks the start of the new fiscal year. A two-chart system, “Final Action Dates” and “Dates for Filing Applications,” in the Visa Bulletin was introduced back in 2015 but rarely has the “Dates for Filing Applications” chart been permitted for Employment Based filings, until this October.
This month however, Employment Based petitions should use the Dates of Filing chart in establishing eligibility to file the I-485 Adjustment of Status petitions. Since last month’s retrogression of all preference categories, there has been significant advancement in many, but not all, preference categories. This means that those who filed the Form I-140 on or before the date given in the Visa Bulletin are able to file for or be granted permanent resident status.
While the EB-1 preference category for all countries other than China and India remains backlogged, there was considerable advancement moving to July 1, 2019, meaning that those applicants whose I-140 was filed on or before that date are able to file Form I-485 to become permanent residents, or if their I-485 applications are already pending, to be approved. China and India remain backlogged to September 1, 2017 and March 15, 2017, respectively.
The EB-2 preference category has returned to being “current” for all countries other than China and India which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged to August 1, 2016 and July 1, 2009, respectively.
Because of the difference in dates on the two charts, I-485 applications filed now may be pending for lengthy periods of time; however, the opportunity to file the I-485 applications is available now.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys (info@iandoli.com).
