In October, U.S. Citizenship and Immigration Services (USCIS) will begin using the “Dates for Filing” chart from the Visa Bulletin to accept I-485 adjustment of status applications. This marks a change from the practice in place since February, when USCIS used the “Final Action Dates” chart. The “Dates for Filing” chart typically lists earlier dates, allowing more individuals to submit their applications sooner.
For Second Preference (EB-2) applicants, those who filed their I-140 petitions before July 15, 2024, will be eligible to file their I-485 green card applications in October. In the Third Preference (EB-3) category, skilled workers with an approved labor certification filed before July 1, 2023, can also file I-485 applications in October.
For unskilled workers in the same category, the cutoff date is December 1, 2021. Additionally, Fourth Preference (EB-4) applicants are eligible if their priority date is before February 15, 2021. However, visas for religious workers in this category will be unavailable in October.
Both First (EB-1) and Fifth (EB-5) preference categories remain “current,” meaning applicants can file their I-485 applications concurrently with their I-140 petitions.
Filing an I-485 application while in the U.S. can provide stability and protect one’s immigration status. However, if an I-485 application is denied and the applicant lacks another valid nonimmigrant status, they could face deportation. Applicants are strongly encouraged to consult a licensed legal professional before deciding on their application.
In September, the U.S. Department of State announced that it had issued all available immigrant visas for the first and second employment-based categories for the current fiscal year, leading to a temporary halt in visa issuance at U.S. embassies and consular offices worldwide. Visa issuance for these categories will resume in October.
Additionally, the annual limit for Fourth Preference (EB-4) special immigrant visas was reached within the first five months of the current fiscal year. Visas for this category will become available again starting in October.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
