USCIS has released another updated Visa Bulletin chart listing the dates to file adjustment of status applications. As we previously reported, USCIS and the DOS revised the procedures for determining visa availability for individuals looking to file adjustment of status applications.  The DOS Visa Bulletin now has two categories of cut-off dates:

• Application Final Action Dates (dates when visas may finally be issued); and

• Dates for Filing Applications (earliest dates when applicants are eligible to apply).

Under USCIS’s recent guidance, prospective adjustment of status applicants should use the Application Final Action Dates chart to determine whether they are eligible to file their applications.  Therefore, contrary to previously-issued DOS guidance, EB-2 Chinese nationals whose priority dates fall after June 1, 2013, currently are not eligible for file their adjustment of status applications with USCIS.

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

The DOS and USCIS websites should be monitored each month to determine adjustment of status filing dates, as we expect to see similar discrepancies between DOS and USCIS policy arise in the future.