On September 21, 2016, USCIS published on its website that for the October 2016 Visa Bulletin, the Dates for Filing of Employment Based Visa Applications chart (i.e. “Filing Action Date”) must be used for employment-based cases, as opposed to the “Final Action Date” chart.
Each month after the visa bulletin is published, USCIS determines and publishes whether the “Final Action Date” or the “Filing Action Date” chart will be used for that visa bulletin. Unless USCIS specifically permits the “Filing Action Date” chart to be used in a given month, the “Final Action Date” chart must be used.
The Filing Action Date means that individuals whose priority dates are “current” based on the Filing Action Date chart, can file their applications for adjustment of status. However, while USCIS will accept these cases for filing, they cannot adjudicate them for final approval until the dates are “current” on the Final Action Date chart.
The advantages for individuals to move forward with submitting their applications for adjustment of status, means that they will be able to acquire employment and travel authorizations as pending adjustment applicants. Furthermore, they will be further along in the queue for adjudication when their priority dates become current for final action. Finally, it also speeds up the time by which an individual will be able to port his/her green card process to a new position in the same or similar occupation.
The “Filing Action Date” chart for October 2016 is as follows:
Application Filing Action Dates for Employment-Based Preference Cases:
| 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 | Unavailable | Unavailable | Unavailable | Unavailable | Unavailable |
| 5th Non-Regional Center (C5 and T5) |
C | 15JUN14 | C | C | C |
| 5th Regional Center (I5 and R5) |
Unavailable | Unavailable | Unavailable | Unavailable | Unavailable |
