(Updates on uscis.gov/visabulletininfo, as of 10/05/2018)
Starting October 2018, USCIS will accept adjustment of status (“AOS”) applications from employment-based categories based on cut-off dates set in Chart B of the Visa Bulletin. For China EB-5 applicants, this means that eligible individuals with priority dates earlier than October 1, 2014 may file an AOS application starting on October 1, 2018.
Filing an AOS in October under Chart B is NOT advisable or possible if the applicant (client, spouse, or children):
- Is not physically and lawfully present in the U.S. at this time
- Entered on an F, B or J visa within the past 90 days
- Has an interview notice for a consular interview in October 2018
- Cannot remain in the U.S. without traveling for the next 3 or 4 months or more (H or L nonimmigrants not included)
- Cannot quickly provide the filing fee, legal fee, and needed information to your attorney in the next two weeks
Filing AOS in October under Chart B is a worthwhile consideration for an applicant who:
- Is married to a PA who has a pending AOS
- Is the child of a PA who has a pending AOS
- Is the fiancé of a PA with a pending AOS and is ready to marry in the next two weeks
- Is maintaining lawful temporary visa status in the U.S.
- Does not need to travel internationally in the next 3-4 months or more
- Can pay the fees and provide the AOS information quickly
The filing fee for this application is $1,225 per person and the legal fee is $2,500 plus $1,500 per dependent. Please contact the attorney and assistant assigned to your case with any questions.
Reprinted with permission from Miller Mayer LLP. Thank you for sharing your valuable insight. Read the original article here: https://millermayer.com/2018/chart-b-eb-5-policy-starting-october-1-2018/.