Adjustment of Status ALERT: Long Awaited Use of Dates for Filing Chart in Visa Bulletin for Employment Based Preference Categories
It will be one year since the Department of State implemented the use of the Dates for Filing chart, or as many know it as “Chart B”. This chart became effective on October 01, 2015, allowing applicants to file for adjustment of status or consular processing in advance of their priority date. Under the EB-5 program, this was welcome news for Mainland-China born investors, as the visa category was backlogged. Applicants filing for adjustment of status benefitted from this new procedure, gaining ancillary benefits included with the I-485 adjustment of status application, such as unrestricted employment authorization (an EAD card) and advance parole for travel from USCIS.
However, the use of this new chart did not last long, a mere 2 months, in the Employment-Based Preferences, leaving many frustrated and disappointed. For December 2015, USCIS indicated that applicants filing for adjustment of status must use the Final Action Dates chart, or “Chart A”. Dates for Filing would only be used if USCIS determined that there are more immigrant visas available for a fiscal year than there are known applicants for such visas. This continued each month thereafter.
Finally, as we approach the October 2016 Visa Bulletin, USCIS has determined that for Employment-Based filings, applicants can now use the Dates for Filing, but don’t get excited too quickly if you filed under the EB-5 program, and especially if you are Mainland-China born! First, the Dates for Filing have actually retrogressed to June 15, 2014, from May 01, 2015. Second, applicants under the 4th preference Certain Religious Workers and the 5th preference Regional Center categories cannot file under the Dates for Filing as the categories are set to expire on September 30, 2016. For expiring employment visa categories, applicants must use the Final Action Dates, currently “U” which stands for “Unavailable”. If legislative action is taken to extend the program, USCIS will update the charts accordingly.
Luckily for those who have approved applications in the Non-Regional Center category can file for adjustment of status beginning October 01, 2016 if the priority date is prior to June 15, 2014. It is important to note that this only affects Mainland-China, where the Final Action Dates have moved a week from February 15, 2014 to February 22, 2014. Applicants from all other countries who filed with non-regional center projects can file for adjustment of status or consular processing as soon as the I-526 application is approved.
More to follow as MSA is closely following Congress’ movement on the extension of the EB-5 program. At this time, the Senate Majority Leader filed a Continuing Resolution (CR) that includes the EB-5 Regional Center Program to be extended through December 09, 2016. A final decision will be made this week, which could possibly be down to the final minute of September 30th!