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October 2019 Visa Bulletin – Return from Retrogression and CIS Acceptance of Applications under the Earlier Dates of Filing

20 Sep

Click here to view 2019 October Visa Bulletin.

The U.S. Department of State (DOS) published the Monthly Visa Bulletin for October 2019, which reflects substantial forward movement as anticipated with the beginning of the federal fiscal year on October 1, 2019. Specifically, only the EB-1 preference category as well as India and China born applicants remain backlogged in the dates that U.S. Citizenship and Immigration Services (CIS) will accept applications during the month of October 2019.

Different from recent months, CIS also confirmed on its website that beneficiaries of employment-based immigrant petitions should use the “Dates for Filing” rather than the “Final Action Dates,” or priority dates, when filing during the month of October 2019.  In the recent past, CIS had generally required employment-based immigrant visa applications to be filed based on the Final Action Dates, which were typically later than the Dates for Filing.

Although applications will be accepted by CIS during the month of October, an applicant’s or priority date must become current under the “Final Action Date” chart before CIS may approve the case. The following Dates for Filing are much sooner or earlier than the Final Action Dates.

Beneficiaries of employment-based immigrant petitions who may become eligible to file adjustment of status applications in October are recommended to start preparation of these applications as soon as possible with their Foster immigration attorney to plan for the earliest possible filing date in the month of October. 

Foster LLP will continue to track immigrant visa availability and transmit updates through future Immigration Updates© and on our website at www.fosterglobal.com.