On September 25, 2015, the U.S. Department of State (DOS) published a revised Visa Bulletin for October 2015. The revised Bulletin replaces the prior-released version, previously issued on September 9, 2015 (discussed in our recent bLAWg post). The U.S. Citizenship and Immigration Services (USCIS) will only be accepting Adjustment of Status (i.e. green card) applications based upon the revised Bulletin.
As with the prior version, the updated Visa Bulletin contains two charts each for employment- and family-based preference categories. The first chart, Application Final Action Dates, which provides the dates when green card applications are eligible for decision, remains unchanged for each category. The second chart, Dates for Filing Applications, which provides the earliest dates when green card applications can be filed, contains changes for both the employment- and family-based categories. An excerpt of the changes is included below:
DATES FOR FILING APPLICATIONS
Many categories have retrogressed (i.e. moved backwards) several years. For example, if you were born in India and have an employment-based third preference (EB-2) I-140 petition approved, pending, or eligible for filing, with a priority date of July 1, 2009 or earlier, you will be eligible to file your green card application as of October 1, 2015. Those with priority dates between July 1, 2011 and July 2, 2009 are no longer eligible to submit applications under the revised Bulletin.
Due to the late-breaking nature of this announcement, many affected individuals are contemplating a lawsuit, which may bring about additional changes to the situation. GoffWilson will continue to keep you informed of any changes that arise.
Also stay tuned for the November 2015 Visa Bulletin, which will be released in approximately 2 weeks and could include increased forward movement.
Contact our office today with any questions.