The State Department has published the May Visa Bulletin. The acceleration in green card availability that began in March will abruptly stop in May for all categories except EB-3 Other Workers, All Other Countries, which will advance 3 months. Moreover, for the first time this fiscal year, USCIS will accept I‑485 applications based on Final Action Dates, not the more favorable Dates for Filing chart. Any applicant who is current under Dates for Filing in April, but not Final Action Dates in May, must either file their green card application by the end of April or wait until their priority date is current again.
Below is a summary, which is based on Final Action Dates and shows changes from the previous month, but first – some background if you’re new to these blog posts. If you’re familiar with the Visa Bulletin, feel free to skip the following bullet points:
- The Visa Bulletin is released monthly by the U.S. Department of State in collaboration with U.S. Citizenship and Immigration Services (USCIS), which then releases two charts – “Dates for Filing” and “Final Action Dates” – and designates which chart will apply that month.
- If USCIS designates Dates for Filing and your priority date (that is, the date you were placed on the waiting list) is earlier than the cutoff date for your nationality and category in that chart, you may submit your I‑485 adjustment of status application (if you’re eligible to apply with USCIS from inside the United States). However, USCIS cannot approve the application and issue your green card until your priority date is current in Final Action Dates.
- If you are applying from outside the United States, you cannot file your DS‑260 immigrant visa application until the National Visa Center notifies you to do so, and your home embassy cannot issue you an immigrant visa until your priority date is current in Final Action Dates.
Now for the May Visa Bulletin:
All Other Countries is current in two categories and progresses in one:
- EB-1 and EB-2 remain current
- EB-3 Professionals holds at June 1, 2024
- EB-3 Other Workers advances 3 months to February 1, 2022
China stalls in all categories:
- EB-1 at April 1, 2023
- EB-2 at September 1, 2021
- EB-3 Professionals at June 15, 2021
- EB-3 Other Workers at February 1, 2019
India also pauses in all categories:
- EB-1 at April 1, 2023
- EB-2 at July 15, 2014
- EB-3 Professionals and EB-3 Other Workers at November 15, 2013
NOTE 1: USCIS will accept I-485 applications in May based on Final Action Dates, not the more favorable Dates for Filing chart.
NOTE 2: The State Department continues to pause adjudications of all immigrant visa and I-485 adjustment adjudications for individuals from the following countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
These individuals may still file their applications, and government agencies will do preliminary processing – e.g., accept fees, issue Requests for Evidence, etc. – but will not make a final decision while the hold is in place. See our blog entry, USCIS Pauses Adjudication of Benefit Requests, for details.
Further contributions to this article by Carol Schlenker.
