U.S. Citizenship & Immigration Services (USCIS) has updated its October Visa Bulletin after a continuing resolution was signed into law late last week, extending the EB-5 Regional Center Program - which was set to expire on September 30, 2016 - through December 9, 2016. As announced on the agency's updated Adjustment of Status Visa Bulletin page, in October, it will only accept adjustment applications from beneficiaries of the EB-5 Regional and Non-Regional Programs whose priority date is current for final action under the State Department's October Visa Bulletin . Under both EB-5 programs, the final action cutoff date for China will advance by one week to February 22, 2014, while remaining current for all other countries.

USCIS reaffirmed that for all other employment-based categories, it will accept adjustment applications from those who are current for filing under the October bulletin.

Employment-Based Priority Dates Accepted by USCIS in October 2016

To be eligible to file an employment-based adjustment application with USCIS in October, employer- sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

EB-1
Current for all countries.

EB-2
China: March 1, 2013
India: April 22, 2009

All other countries: Current

EB-3 Professionals and Skilled Workers
China: May 1, 2014
India: July 1, 2005
Philippines: September 1, 2013
All other countries: Current

EB-3 Other Workers
China: August 1, 2009
India: July 1, 2005
Philippines: September 1, 2013
All other countries: Current

EB-5 Non-Regional Center
China: February 22, 2014
Current for all other countries.

EB-5 Regional Center
China: February 22, 2014
Current for all other countries.

© 2016 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved