According to the U.S. Citizenship and Immigration Services (USCIS) website, the agency will allow employment-based green card applicants (including EB-5) to use the “Dates for Filing” from the October 2019 Visa Bulletin when petitioning USCIS for their adjustment of status (AOS) during October 2019.
From the USCIS Website:
For Employment-Based Preference Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2019.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.
In the recent past, USCIS generally did not accept Dates for Filing and required the employment-based immigrant petitions to be filed based on the “Final Action Dates” listed in the Visa Bulletin.
Due to the oversubscription of the EB-5 visa, the Final Action Dates are typically later than the Dates for Filing. In the October 2019 Visa Bulletin, the Final Action Date for Chinese EB-5 visa applicants is October 22, 2014, while the Date for Filing for these applicants is January 1, 2015. Additionally, the Final Action Dates for Vietnamese and Indian EB-5 visa applicants are October 6, 2015 and November 17, 2017, respectively, while their Dates for Filings are “current.”
As of October 1, 2019 EB-5 visa applicants from China, Vietnam, or India who are eligible to file an adjustment of status and who have a priority date earlier than the Dates for Filings in the October Visa Bulletin are eligible to proceed to the next step of their immigration process.
Dept. of State October 2019 Visa Bulletin Final Action Dates for Employment-Based Visa Categories
Dept. of State October 2019 Visa Bulletin Dates for Filing for Employment-Based Visa Categories
Disclaimer: the content of this blog post is for educational purposes only (i.e. not legal advice). EB-5 visa applicants should consult with their own immigration attorney for legal advice.
