+1(212)459-3800 [email protected]

On September 25, 2015, the Department of State issued a revised Visa Bulletin for October 2015. The new revision rolls back the cutoff dates for eligibility to file for adjustment of status or an immigrant visa. Specifically, the new Visa Bulletin rolls back eligibility dates by two (2) years for EB-2 India (July 1, 2009), sixteen (16) months for EB-2 China (January 1, 2013) and five (5) years for EB-3 and other workers for the Philippines (January 1, 2010). The revision means that many foreign nationals who were expecting to file their adjustment of status application and seek work and travel benefits are unable to do so in October.

While there is no detailed explanation as to why the Department of State rolled back priority date cutoffs, it appears that both USCIS and the Department of State overestimated the number of immigrant visas that would be available to new applicants in the affected categories. Despite vigorous advocacy efforts, it seems highly unlikely that the original October Visa Bulletin will be reinstated. If your priority date was current in the original October Visa Bulletin, but is no longer current due to the revision, you should not file a adjustment of status application as it is unlikely that USCIS will agree to accept these petitions.