Understanding the Visa Bulletin’s Impact on Adjustment of Status
As we approach October 1st, the start of the federal government’s new fiscal year, it’s time to consider the availability of green cards for your employees. Understanding the role of the Visa Bulletin in the process is crucial.
Let’s consider the way the Visa Bulletin affects your employees’ eligibility for filing family-based or employment-based adjustment of status (AOS) applications. AOS applications transition employees from temporary migrant status to permanent resident status in the U.S., a vital step for their security and contributions to your business.
Priority Dates & Filing an AOS Application
To file a family-based or employment-based AOS application in a specific month, the priority date must be “current” according to the Visa Bulletin chart USCIS uses that month.
USCIS alternates between two Visa Bulletin charts: “Dates for Filing” and “Final Action Dates,” and your priority date must be current on the chart in use for filing eligibility. USCIS announces the chart it will use each month, and your employees’ priority date must align with it to file their application.
Approval of an AOS Application
Once filed correctly, the only relevant Visa Bulletin chart for approval is the “Final Action Dates.”
For USCIS to approve an application, the priority date must be current when USCIS completes processing. This includes review, evidence requests, biometrics, background checks, and interviews.
AOS Application Processing Time
The timing of the priority date’s alignment with the “Final Action Dates” differs from USCIS’s processing time, which is available on their website. If the priority date is current when USCIS deems the application approvable, it can be approved.
If not, USCIS will hold the application until the date aligns, with considerations for expired documentation or updated evidence. In navigating the complexities of immigration law, having qualified legal counsel is invaluable for your business and employees.
Contact Heckler Law Group, U.S. immigration law firm, to navigate this process in the most thorough way possible.
Release Date: 09/15/2023