Filing Date Chart Adopted by USCIS in October 2018 Visa Bulletin

The State Department Visa Bulletin provides two charts of dates - (1) The Final Action Date Chart is to determine when a visa applicant may actually receive a green card.   (2) The Filing Date Chart is to determine when an applicant may submit his/her supporting documents.  The State Department has been using both charts in handling overseas applications. 

For many months, the USCIS has only followed the Final Action Date Chart in determining employment-based visa applicants' eligibility to submit the I-485 adjustment application within the United States.

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USCIS announced recently that all employment-based visa applicants must file their I-485 application based on the Filing Date Chart.  Since the Filing Date Chart has earlier cutoff dates, the change means that more applicants may submit their I-485 application in October.   Hence, employment-based applicants should check their priority dates immediately to see if they are qualified to file their I-485 application in October. 

USCIS Policy on Adoption of Filing Date Charts in Visa Bulletin

USCIS just announced that the agency will advise the public whether or not it will adopt the DOS Visa Bulletin's Filing Date charts on www.uscis.gov/visabulletininfo, starting with the November Visa Bulletin.  The decision will be based on whether USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas. The agency will make this determination about one week after the monthly visa bulletin has been released.  

Starting October 2015, the State Department instituted new charts in the visa bulletin to advise applicants whether they may begin filing their immigrant visa or green card applications. However, the October charts were revised shortly afterwards, causing strong reactions in the immigrant community.