Adjustment of Status Filing Dates for November 2018 Visa Bulletin Announced

New Visa Bulletin

U.S. Citizenship and Immigration Services have determined and published the Dates for Filing for Family-Sponsored and Employment-Based Adjustment of Status Applications associated with the November 2018 Visa Bulletin.

Visa Bulletin Charts

The Visa Bulletin contains two different charts for Adjustment of Status filings. The U.S. Department of State posts two charts per visa preference category in the monthly Visa Bulletin. The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, then it may use the Dates for Filing Applications chart to determine when to file an adjustment of status application with USCIS. Otherwise, it must use the Application Final Action Dates chart to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

For November 2018, USCIS will use the Dates for Filing Chart for Family-Sponsored Adjustment of Status Applications, and the Dates for Filing Chart for Employment-Based Adjustment of Status Applications.

Understanding the Visa Backlogs

Only a limited number of employment-based immigrant visas (“green cards”) are available each year, and they are divided between several preference categories. The Immigration And Nationality Act sets a worldwide level at 140,000 for annual employment-based preference immigrants. Each country can receive no more than 7% of the total annual family-sponsored and employment-based preference limits, i.e. 25,620.

Whenever there are more qualified applicants for a preference category than there are available visa numbers, the preference category will become oversubscribed, or backlogged. The U.S. Department of State then creates a “priority date cut off” for the oversubscribed categories. For the past several years, there has been a high demand in the employment-based second preference category (EB-2) for Indian and Chinese nationals and in the employment-based third category (EB-3) for all countries. This has created a significant backlog resulting in a long, unpredictable wait for permanent resident status for many individuals. In some cases, it may be advisable to contact a lawyer to discuss alternate visas you could petition for.

The backlog occurs at the final stage of the permanent residence process. An individual on whose behalf an employer has obtained a certified Application for Permanent Employment Certification and has filed an I-140 Petition cannot move to the final step of apply for the I-485 Application or immigrant visa until his or her priority date become current. The priority date is determined by the date the employer filed the Application for Permanent Employment Certification. For the priority date to “lock in,” the Department of Labor must certify the Application for Permanent Employment Certification. Then, USCIS must approve the I-140 Immigrant Petition.

How do I use the Visa Bulletin charts?

Match up your country of birth in the topmost row with your preference category. In the intersecting box, you will find a cutoff date or a ‘c’ for “current,” meaning there is not a backlog in that category.

Each month, the U.S. Department of State adjusts these cutoff dates based on projected demand in each visa preference category. The projected demand is based on the number of I-485 Applications pending or anticipated, as well as the number of immigrant visa applications in process at the U.S. consular posts abroad. The date you see is the date your application needed to be first filed to have a number in the current pool of available visas.

What to Expect

Movement in the cutoff dates is unpredictable. The dates move forward, backwards, and can stay the same from month-to-month based on demand and processing speed.

U.S. Department of State publishes the Visa Bulletin about half-way through each month and makes the Bulletin available on its website.

Each month, representatives of the American Immigration Lawyers Association interview the Chief of the Visa Control and Reporting Division at the Department of State and publish predictions about activity over the coming months. When these predictions are released, we will post a link to this information on our blog.

For Further Information

See last month’s visa predictions.

See the October 2018 bulletin.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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