On September 9, 2015, DOS issued its Visa Bulletin for October, 2015, containing a new feature called Date of Filing. The Date of Filing sets out when an applicant in the United States may file for adjustment of status in the family and employment based categories. This addition represents an major benefit for those immigrants whose categories are severely backlogged. Immigrants and their immediate family members with a current Date of Filing can file for adjustment of status, and can seek employment authorization and travel permission as ancillary benefits sooner than their Priority Date now renamed Final Action Date. The inclusion of a Date of Filing in the Visa Bulletin has generated much excitement especially in immigrants whose categories have long wait times.

But the September, 25, 2015 revisions to the October, 2015 Visa Bulletin made the following specific Date of Filing changes: EB-2s for China retrogressed from May 1, 2014 to January 1, 2013, EB-2s for India retrogressed from July 1, 2011 to July 1, 2009, and EB-3s for the Philippines retrogressed from January 1, 2015 to January 1, 2010. F1s for Mexico retrogressed from July 1, 1995 to April 1, 1995, and F3s for Mexico retrogressed from October 1, 1996 to May 1, 1995. The retrogressions have disappointed many immigrants.

The revision resulted after further discussions between DOS and the Department of Homeland Security. According to DOS, “…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…”

DHS has advised that it will rely on the revised October, 2015 Visa Bulletin in determining when an applicant becomes eligible to file for adjustment.

For October, 2015, the Filing Date in family sponsored preference categories is approximately 1 year sooner that the Final Action Date.  The exception is the Philippines, which permits filings 4 years sooner than the Final Action Date.

In the employment based preference categories, EB2s for China have a Filing Date that is 2+ years sooner than the Final Action Date.  The biggest difference between Filing Date and Final Action Date is for EB3 Other Workers from the Philippines, and then EB2s for India.  The former category has a Filing Date that is 8 years sooner than the Final Action Date.  The latter has a Filing Date 6+ years sooner than the Final Action Date.  Significantly, EB5s for China has a Filing Date of 1.5+ years sooner than the Final Action Date.   Highlights of other categories follow:

Category                  Country   Filing Date          Final Action Date

EB3                               China        10/01/2013             10/15/2011
EB3                               India         07/01/2015             03/08/2004
EB3                               Mexico     09/01/2015             08/15/2015
EB3 Other Worker    China        01/01/2007             01/01/2006
EB3 Other Worker    India         07/01/2005             03/08/2004
EB3 Other Worker    Mexico     09/01/2015              08/15/2015
EB3 Other Worker    Philippines   01/01/2015          01/01/2007
EB5                               China        05/01/2015              10/08/2013

Please see http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html for the complete October, 2015 Visa Bulletin.

Previously, the Visa Bulletin listed only a Priority Date, that is, a cut-off date of the first applicant who could not be reached within the numerical limits for a specific month.  Now, Priority Date has been re-named Application Final Action Date (or “Final Action Date”).  Added is a new date, Dates for Filing Applications (or“Filing Date”), that is, the date on which an applicant can file for adjustment of status.  These changes apply to both family based and employment based immigrant visa categories.

A key benefit for adjustment applicants is the eligibility to file for employment authorization and travel permission while their adjustment application pends.  In addition, for many employment based categories, once the adjustment application has been pending for 6 or months, the applicant can port to a different employer in the same or similar job classification.  These are welcome changes to many applicants in heavily backlogged visa categories.

Although an applicant can file for adjustment of status in advance of the Final Action Date, USCIS cannot approve the application until a visa number actually becomes available.  In reading the Visa Bulletin, applicants filing for adjustment must use the Final Action Date unless the Visa Bulletin states that the Filing Date can be used.   For the month of October, 2015, the Visa Bulletin references a USCIS determination that the Filing Date can be used in determining whether the applicant can submit their application or applications to USCIS.  Each month thereafter, USCIS will make a determination regarding adjustment projection numbers and the Visa Bulletin will state whether the applicant can use the Filing Date or must use the Final Action Date.

Please see http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html for the October, 2015 Visa Bulletin.