USCIS Adjustment of Status Filing Dates for January 2020
January 2, 2020
USCIS updated its instructions for employment-based preference filings:
For Employment-Based Preference Filings:
In the Employment 3rd and Other Worker categories, there is a cutoff date on the Dates for Filing chart for all chargeability areas. However, the categories are “current” on the Final Action Dates chart for Vietnam, Mexico, El Salvador, Guatemala, Honduras, and "All Chargeability Areas Except Those Listed." This means that applicants in the Employment 3rd and Other Worker categories from all chargeability areas other than China, India, and the Philippines may file for adjustment of status using the Final Action Dates chart for January 2020. Applicants from China, India, and the Philippines must use the Dates for Filing chart.
For all the other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2020.
Since Vietnam is not listed on the Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates found in the “All Chargeability Areas Except Those Listed” column.
Please note that USCIS has clarified that “if a particular immigrant visa category is ‘current’ on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.”
For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart for January 2020.
For all the other family-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2020.
For Employment-Based Preference Filings:
In the EB-3 and Other Workers “All Chargeability Areas Except Those Listed” categories, there is a cutoff date on the Dates for Filing chart. However, the categories are “current” on the Final Action Dates chart. This means that applicants in the EB-3 and Other Workers from all other chargeability areas may file using the Final Action Dates chart for January 2020.
For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2020.
Additionally, since Vietnam is not listed on the Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates found in the “All Chargeability Areas Except Those Listed” column.