This month, USCIS will continue to accept adjustment of status applications based on the monthly Visa Bulletin’s Dates for Filing Chart, rather than the Final Action Dates Chart. This means that USCIS will start to accept employment-based adjustment of status applications with priority dates that are earlier than the Dates for Filing listed in the Department of State’s December Visa Bulletin.
According to the State Department’s December Visa Bulletin the employment-based Dates for Filing (which determines whether an adjustment of status can be filed with USCIS) in November is as follows below for EB-5.
EB-5 Unreserved categories Dates for Filing (C5, T5, I5, and R5): China and India will remain at January 1, 2016 and December 8, 2019, respectively. For the EB-5 “Set Aside” categories, which include Rural, High Unemployment and Infrastructure, the Date for Filing remains current for all countries.
The Final Action cutoff dates within the EB-5 will determine whether an adjustment of status application can be approved.
EB-5 Final Action Cutoff dates for EB-5 Unreserved categories (C5, T5, I5, and R5): China and India will remain at March 22, 2015 and November 8, 2019, respectively. EB-5 Final Action dates remain current for all other countries and for all EB-5 “Set-Aside” categories.
Summary of EB-5 Dates for Filing for November 2022:
EB-5 Unreserved (Regional Center and Non-Regional Center)
EB-5 Set Asides
Summary of EB-5 Final Action Dates for November 2022:
Final Action dates for EB-5 Unreserved (Regional Center and Non-Regional Center)