Previously, we wrote about the significant revisions to the October 2015 Visa Bulletin (Original Bulletin), and the Original Bulletin’s impact on foreign nationals and employers.  Just five days before the start of October, the Department of State (DOS) published a revised October 2015 Visa Bulletin (Revised Bulletin) that supersedes the previously published Original Bulletin.  The sudden revision has caused significant headache and anger among affected foreign nationals, particularly nationals of China and India, who viewed the Original Bulletin as a much needed step forward in their journey to become Lawful Permanent Residents (Green Card holders).

On October 14, 2015, USCIS issued the following notification:

Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.

We anticipate making this determination each month and posting the relevant chart on our website within one week of DOS’ publication of the Visa Bulletin.

With these new changes to the Visa Bulletin, employers and employees will need to remain vigilant in reviewing both the DOS-issued Visa Bulletin and the USCIS website, to determine if current employees are eligible to apply for adjustment of status for the following month.