USCIS has determined that the “Dates for Filing Chart” on the Department of State Visa Bulletin may be used to determine eligibility to apply for Adjustment of Status in the U.S. in an Employment-Based category. Visa numbers are “current” for all four Employment-Based categories (EB-1 through EB-4) in the Worldwide* column. Therefore, potential applicants in any of these categories who are otherwise eligible** may apply for Adjustment of Status in the U.S. if:
They have a PERM Labor Certification approved and are ready to file the I-140 Visa Petition, or
They have already established a Priority Date by filing an I-140 Visa Petition and the Petition has been approved or is pending, or
They are prepared to concurrently file an I-140 “Self-Petition” in the Extraordinary Ability (EB-1A) or National Interest Waiver (EB-2) category.
A properly filed Adjustment of Status application (I-485) allows the applicant to remain in the U.S. until a decision is made on the application, obtain an Employment Authorization document, and obtain an Advance Parole authorization to travel abroad and reenter the U.S. while the application is pending.
However, there may be significant restrictions on international travel before and after filing depending on the applicant’s nonimmigrant visa status. These factors must be carefully considered before taking steps to file the I-485.
Family Preference Categories
On the family side, visa numbers are currently available in December in the F2A Category (spouses and children of Lawful Permanent Residents) from all countries.
*in December, Dates for Filing are current for all countries except China and India.
**generally, the applicant must have been lawfully admitted to the U.S. and maintained lawful nonimmigrant status since last arrival. There is an important exception which excuses status violations of less than 180 days since the last arrival (Sec. 245(k) I&N Act) in the employment-based categories only.
Please contact our office if you have any questions.