EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date is earlier than the cut-off date listed below.
Recently, the Department of State (DOS) and the USCIS announced a new format for the priority dates starting in October 2015. There will be two separate charts (or priority dates) for people to follow or monitor:
• Dates for filing applications (earliest date when a person may file for adjustment of status or for an immigrant visa)
• Application “final action dates” (dates when visas may finally be issued.)
For purposes of this article, I am listing both the adjustment FILING dates, as those are the operative dates when a person will be able to file for adjustment of status, work authorization, etc., and the visa ISSUANCE dates. Once the adjustment application is filed, the person would be able to renew work authorization each year, until the priority date on the separate chart for visa ISSUANCE becomes current.
By way of example, the priority date for “filing applications” for employment-based third preference (EB-3) and other workers (OW) is January 1, 2015. However, the priority date for “visa issuance” for the same two categories is January 1, 2007. What this apparently means is that workers in the EB-3 and OW categories may file for adjustment of status and work authorization, if the priority date on their case is earlier than January 1, 2015. However, no visa will be issued (or adjustment of status will not be granted) until the January 1, 2007 “visa issuance” priority date is reached. Under this example, a person may file for adjustment of status if they have a priority date earlier than January 1, 2015, and renew work authorizations for approximately 8 years until the “visa issuance” date is reached.
For most people, I would think the dates on the charts for filing applications would be the ones they would be most interested in, as it would enable them to file for adjustment of status and work authorization. Once their applications are filed, they would monitor the “visa issuance” priority dates.
For the first month of this new format, I am listing the “filing” priority dates together with the visa “issuance” dates, meaning if your priority date is earlier than those listed, you could be eligible to file or apply for adjustment of status or immigrant visa:
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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