The National Law Forum

The Blog of the The National Law Review

USCIS Issues Further Guidance on the New Filing Date Visa Bulletin

In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications (“filing date”) chart. This chart differed from the classic Visa Bulletin “priority date” chart now known as the Application Final Action Date chart. USCIS has now announced that it will provide information each month on when applicants should use the filing date versus the priority date chart to evaluate whether or not they can file an application to adjust status or immigrant visa application.

Timeline

The new USCIS process is slated to begin with the November 2015 Application Final Action Date chart, which was released on October 9th. Each month, USCIS will evaluate whether or not there are immigrant visa numbers available for each category and post on its website if individuals may use the filing date chart.

USCIS states that it anticipates, “making this determination each month and posting the relevant chart on our website within one week of DOS’ publication of the Visa Bulletin.”

Process

USCIS has clarified that the filing date chart may ONLY be used if the agency provides an update and information stating so on its website here. If no additional information is provided by USCIS, applicants should assume that they should follow the DOS Application Final Action Date chart to guide filing decisions and adjudication timing questions.

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