DOS Rolls Back “Dates for Filing” for Some Visa Categories in Revised October Visa Bulletin

Unfortunately, late on Friday, September 25, 2015, the DOS released an updated visa bulletin that supersedes the bulletin released on September 9, 2015.

As you know, there was a shift in USCIS policy that would allow certain foreign nationals to file adjustment of status applications (“green card” applications) even before a visa number was actually available to them. While this change is still in effect, the government issued a revised visa bulletin on September 25, 2015 (which controls the filings for October 2015) which dramatically retrogressed (moved back) the filing date for some foreign nationals, thus preventing the filing of their adjustment of status applications. Unfortunately, you are affected by this. Under dates established in the new visa bulletin, the new Chinese EB-2 filing date will be June 1, 2013 (it was previously set at May 1, 2014) and the new Indian EB-2 filing date will be February 1, 2009 (it was previously set at July 1, 2011). Per USCIS filing guidelines, unless the potential applicant has a priority date earlier than the above mentioned revised date, if they attempt to file an adjustment of status application in October, 2015, their applications will be rejected.

We have heard about many potential lawsuits that will challenge this change considering the extreme hardship to the affected foreign nationals, both from an economic and a psychological standpoint. We are hopeful that additional guidance will be issued in the days and weeks to come regarding this sudden change. We will, of course, keep you up-to-date upon any development. At this point, we are recommending that we hold off on these filings for a few weeks during which time we will monitor the situation closely to determine if the filing makes sense.

filing date

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