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 are 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).
Aliens eligible to file for adjustment of status may file the I-485 when the priority date is prior to the date listed in Chart B even though a visa will not be available until the priority date qualifies under Chart A.
If you believe you are eligible to file for adjustment of status or for consular processing, contact Nelson & Nuñez to schedule a consultation. We will personally meet with you during a confidential consultation to determine how this procedural change may affect your case.
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 are 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).
Aliens eligible to file for adjustment of status may file the I-485 when the priority date is prior to the date listed in Chart B even though a visa will not be available until the priority date qualifies under Chart A.
If you believe you are eligible to file for adjustment of status or for consular processing, contact Nelson & Nuñez to schedule a consultation. We will personally meet with you during a confidential consultation to determine how this procedural change may affect your case.
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