Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Menu
Jan 11, 2019

Employment-Based I-485s: Ability to Use the Earlier Date for Filing Charts May Come to a Close

Matthew Galati

Back in September we told you that United States Citizenship and Immigration Services (“USCIS”) was allowing applicants to file their I-485 applications for adjustment of status in both the employment-based and the family-based categories according to the earlier-in-time Filing Date Charts. Put another way, USCIS has been accepting Form I-485 filings for all prospective qualifying immigrants before a visa number is technically available. The past few months ​have been a boon for EB- applicants because since the introduction of the two chart system, USCIS has almost always mandated that such immigrants may only file once their priority dates are current, as per the “Final Action” date for I-485 filings. 

As noted, this change in policy represented a huge development for certain applicants, who potentially were able to access employment authorization documents (EADs) and Advance Parole travel permits which, in certain instances, would potentially be more than a year earlier than otherwise anticipated.

Green and Spiegel has been filing our clients’ files in light of this change for months, however, it appears that this will shortly come to an end. In a January Update, USCIS stated the following:

For Employment-Based Preference Filings:

You must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2019.  Based on current trends in inventory and visa use, USCIS anticipates that applicants in the employment-based preference categories will have to use the Final Action Dates chart as soon as February 2019.

 

Now, this doesn’t represent a definitive deadline, as the language used by USCIS is equivocal as to whether or not February will indeed be the end of this potential, and there is no telling what the effects of the current or prolonged government shutdown will have on visa processing as we progress into the new year. However, potential applicants’ best option remains to both stay vigilant and proactive regarding this filing potential, before it is too late to use to their benefit and resolve their files sooner.

If you have a question about your ability to file an I-485 or how this early filing date may affect you, please contact us today.

Related Team

Recent Blogs

Jan 14, 2019

EB5Investors Magazine Names Matthew T. Galati a Top 25 Immigration Attorney

Congratulations to Matthew T. Galati for being named a Top 25 Immigration Attorney by EB5Investors Magazine in January 2019 for his experience, reputation, and passion.

Jan 14, 2019

MYTH: My company can’t afford sustainability!

Sustainability – what does it mean and how does it affect your company? The pressure to take on sustainability efforts is on the rise, but there is still push back arguing that sustainability is too expensive. However, evidence refuting the notion that sustainability is too expensive is mounting. Learn more in this article.

Jan 11, 2019

Australia’s Modern Slavery Law is Now in Effect. Is Your Company Compliant?

On January 1, 2019, the Australia Modern Slavery Act 2018 went into effect. The law asks all businesses operating in Australia with a consolidated revenue of more than $100 million (Australian), to file annual statements on efforts to address the risk of forced and child labor in the supply chain. These statements are due beginning in 2020. To learn more, please contact the International Supply Chain Initiative for a consultation.