Understanding the New Visa Bulletin from October 2015

September 10 2015 – The new Visa Bulletin of October 2015 although not excellent news, is somehow a great news for many especially applicants from India. What the Department of Homeland Security and the Department of State have essentially done is to divide the the visa bulletin to allow mobility of the employees. As you will see on the October 2015 visa bulletin (charts reprinted below), there are two different dates.  We are referring to them as Chart One and Chart Two.

For those whose dates are current based on the second chart (Chart Two), they should be able to file for the their adjustment of status (AOS), which in turn allows for filing of the employment authorization document (EAD) and advanced parole (AP).  However, this does not mean that the chart will reflect green cards (permanent residence) card production.  However, based on the excess from chart one, some people even after cut-off dates on chart one, might still receive a permanent residence card. For example if someone priority date is EB2 January 2010, this person on October 1, 2015, shall be eligible to file for adjustment of status (form I-1485), form I-765 (EAD) and form I-131 advanced parole.  However unless the real number of cards for production are allocated, that person will not receive a permanent residence card. This means that any excess after chart one cut off date, will be allocated to the next priority date until it reaches the second chart priority date which in the example is EB2 India July 2011.

What are the advantages of filing for the adjustment of status?

The ability to file for the adjustment of status can be a huge relief especially for those who have been waiting for years for a green card.  Also note that once the adjustment is filed, 180 days have passed one can actually move to another same or similar position in another company under AC21. In fact, the AC21 allows one to even open their own businesses in a same or similar position.

Relevant guidance

This new rule is based on the Obama Administration new executive orders and it might not last long if the government changes in the future. We recommend those who are eligible to file for their AOS, to immediately consider doing so.

If you need help to file for your adjustment of status (form I-485), please call us at 510 742 5887.

 

Chart One

Employment- Based	All Chargeability Areas Except Those Listed	CHINA – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN12	01MAY05	C	C
3rd	15AUG15	15OCT11	08MAR04	15AUG15	01JAN07
Other Workers	15AUG15	01JAN06	08MAR04	15AUG15	01JAN07
4th	C	C	C	C	C
Certain Religious Workers	U	U	U	U	U
5th Targeted Employment Areas/ Regional Centers	C	08OCT13	C	C	C
5th Pilot Programs	U	U	U	U	U

Chart Two

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01MAY14	01JUL11	C	C
3rd	01SEP15	01OCT13	01JUL05	01SEP15	01JAN15
Other Workers	01SEP15	01JAN07	01JUL05	01SEP15	01JAN15
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C