DOS Revises October Visa Bulletin

In an unusual and disappointing move, the U.S. Department of State (DOS) issued a revised October 2015 Visa Bulletin . The most significant change is that the “Date for Filing Visa Applications,” which regulates when an I-485 Adjustment of Status application may be filed with the USCIS or paperwork may be submitted to the National Visa Center for a consular application, has been moved backward two years for the EB-2 category for India to July 1, 2009, and moved backward 17 months for EB-2 China to January 1, 2013. In addition, EB-3 Philippines moved backward five years to January 1, 2010.

The revised Visa Bulletin issued on September 25, 2015 states that it supersedes the October 2015 Visa Bulletin issued on September 9, 2015. U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will only accept Adjustment of Status cases based upon the revised Visa Bulletin. A USCIS bulletin issued on September 25, 2015, states : “This bulletin supersedes the bulletin for October 2015 that was originally published on Sept. 9, 2015. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process.”

Impact of this Announcement

As a result of the revised October 2015 Visa Bulletin, only those applicants whose priority date is earlier than the noted “Date for Filing Visa Applications” cutoff date can file their Adjustment of Status applications. The impact of this revision is that thousands of applicants who were on the verge of filing Adjustment of Status applications will now be unable to do so.

Future Cutoff Date Movements

At this time, we do not know how quickly the “Date for Filing Visa Applications” cutoff dates will move forward. We are hoping for forward movement over the next months and will provide further updates as new information is released.

Disclaimer
This information is for general use only. You should consult a licensed attorney for legal analysis and advice regarding the specific details of your case.