Epstein Becker Green Immigration Alert

The U.S. Department of State (“DOS”) just issued a revised October 2015 Visa Bulletin. As we noted in our last Alert, the DOS recently changed the format of its Visa Bulletin to add cutoffs for application dates. These are dates that foreign nationals can file I-485 applications for permanent residence, even if their priority dates are not current. Starting October 1, 2015, the U.S. Citizenship and Immigration Services will accept these “early” applications but cannot adjudicate them until the actual priority date is reached.

It appears that the application dates in the initial October 2015 Visa Bulletin were not calibrated carefully enough. The revised October 2015 Visa Bulletin makes changes to certain application dates for both family-based and employment-based cases.

On the family-based side, the application dates for first preference (unmarried sons and daughters of U.S. citizens) advances from November 22, 1994, to April 1, 1995. The family-based third preference (married sons and daughters of U.S. citizens) also advances from June 8, 1994, to May 1, 1995.

On the employment-based side, the application dates in the employment-based second preference (“EB-2”) category for China and India have regressed. In the EB-2 category for China, the regression is from May 1, 2014, to January 1, 2013. In the EB-2 category for India, the regression is from July 1, 2011, to July 1, 2009. Also, the application dates for the employment-based third preference (“EB-3”) professional and unskilled worked categories for the Philippines have regressed from January 1, 2015, to January 1, 2010.

The DOS has indicated that the changes came after consultation with the Department of Homeland Security to “better reflect a timeframe justifying immediate action in the application process.” The DOS did not indicate whether additional changes can be expected.

Stay tuned. . . .


For more information or questions regarding the above, please contact:

Robert S. Groban, Jr.
New York 
Pierre Georges Bonnefil
New York 
Patrick G. Brady
Jang Hyuk Im
San Francisco 
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.