Introduction: November 2016 Visa Bulletin
On October 11, 2016, the Department of State (DOS) released the November 2016 Visa Bulletin. The Visa Bulletin contains application final action dates and dates for filing in the family-sponsored and employment-based immigrant visa preference categories.
On October 13, 2016, the United States Citizenship and Immigration Services (USCIS) determined that applicants for adjustment of status with the USCIS in both the family-sponsored and employment-based preference categories may file for adjustment of status based on the filing dates instead of the application final action dates. However, the USCIS will require those seeking adjustment of status in the employment-based 5th preference (EB5) categories to use the final action dates instead of the filing dates.
In this article, we will provide the pertinent dates for those seeking adjustment of status in the family-sponsored and employment-based preference categories. We will also include the application final action dates from the Visa Bulletin. To learn about using the Visa Bulletin as a person seeking an immigrant visa through consular processing or through adjustment of status, please see our full article [see article]. To learn about when the DOS began producing the dates for filing charts, please see our full article [see article].
Please see our article on the Visa Bulletin for October 2016 to see the movement in the filing and final action dates in November [see article].
In this article, we will rely on the following resources:
Visa Bulletin for November 2016 (DOS) [link]
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: November 2016 (USCIS) [link]
Dates for Filing Family Sponsored Adjustment of Status Applications
The beneficiary of an approved family-sponsored immigrant visa petition may file for adjustment of status with the USCIS in November 2016 if his or her priority date is before the filing date on the following chart. In order to find the correct filing date, the beneficiary must locate his or her preference category and country of nationality.
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| F1 | 01JAN11 | 01JAN11 | 01JAN11 | 01JUN95 | 01MAY06 |
| F2A | 22NOV15 | 22NOV15 | 22NOV15 | 22NOV15 | 22NOV15 |
| F2B | 08FEB11 | 08FEB11 | 08FEB11 | 01JUN96 | 01FEB07 |
| F3 | 22AUG05 | 22AUG05 | 22AUG05 | 01MAY95 | 01JAN95 |
| F4 | 01JUL04 | 01JUL04 | 01MAY04 | 01DEC97 | 01APR94 |
Final Action Dates
The following chart is for the final action dates for family-sponsored immigrant visa petitions. This chart reflects the date on which a final decision can be made on an immigrant visa petition.
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| F1 | 22OCT09 | 22OCT09 | 22OCT09 | 08APR95 | 01SEP05 |
| F2A | 22JAN15 | 22JAN15 | 22JAN15 | 08JAN15 | 22JAN15 |
| F2B | 15APR10 | 15APR10 | 15APR10 | 08OCT95 | 15FEB06 |
| F3 | 22JAN05 | 22JAN05 | 22JAN05 | 01DEC94 | 08AUG94 |
| F4 | 01DEC03 | 01AUG03 | 15FEB03 | 08MAY97 | 08MAY93 |
Dates for Employment-Based Adjustment of Status Applications
The USCIS has determined that the beneficiaries of approved employment-sponsored immigrant visa petitions may use the filing dates except for those in the employment-based Fifth Preference (EB5) categories. Those seeking adjustment of status in the EB5 categories must use the final action dates. Accordingly, the following chart contains the filing dates for all preferences except EB5, and the final action dates for EB5. However, this distinction will only make a difference for EB5 petitions for Chinese nationals. In order to use this chart, a beneficiary of an approved employment-based immigrant visa petition must locate the row for his or her preference category and the column for his or her country of nationality. He or she may file for adjustment of status if the priority date is before the filing date (or final action date in the case of the EB5 categories).
Please note that “C” means that any person with an approved petition may file for adjustment of status if otherwise eligible.
| Employment-Based | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| 1st | C | C | C | C | C |
| 2nd | C | 01MAR13 | 22APR09 | C | C |
| 3rd | C | 01MAY14 | 01JUL05 | C | 01SEP13 |
| Other Workers | C | 01AUG09 | 01JUL05 | C | 01SEP13 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Non-Regional Center (C5 and T5) |
C | 08MAR14 | C | C | C |
| 5th Regional Center (I5 and R5) |
C | 08MAR14 | C | C | C |
Final Action Dates
The following chart contains the final action dates for employment-based petitions. This chart will reflect when an immigrant visa may be granted on the basis of an approved employment-based petition.
| Employment-Based | All Chargeability Areas Except Those Listed | CHINA-mainland born | El SALVADOR GUATEMALA HONDURAS | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|---|
| 1st | C | C | C | C | C | C |
| 2nd | C | 15JUL12 | C | 01NOV07 | C | C |
| 3rd | 01JUL16 | 15APR13 | 01JUL16 | 08MAR05 | 01JUL16 | 01APR11 |
| Other Workers | 01JUL16 | 01SEP05 | 01JUL16 | 08MAR05 | 01JUL16 | 01APR11 |
| 4th | C | C | 15JUL15 | C | C | C |
| Certain Religious Workers | C | C | 15JUL15 | C | C | C |
| 5th Non-Regional Center (C5 and T5) |
C | 08MAR14 | C | C | C | C |
| 5th Regional Center (I5 and R5) |
C | 08MAR14 | C | C | C | C |
Conclusion
For the second consecutive month, the USCIS is allowing the beneficiaries of approved immigrant visa petitions to use the filing date charts, with a limited exception for those seeking adjustment of status in the EB5 category. On the November 2016 Visa Bulletin, the DOS did not issue any new projections for future movements in the final action dates in the family-sponsored and employment-based preference categories. To see the most recent projections through the month of January, please see our article on the October 2016 Visa Bulletin [see article].
Those seeking an immigrant visa through consular processing or adjustment of status should consult with an experienced immigration attorney throughout the entire process.
