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Green and Spiegel - An Immigration Law Firm - United States
Sep 18, 2018

Good News for Vietnam EB-5 / EB-1 Worldwide: USCIS Will Allow for Early Employment-based Adjustment of Status Applications in October

The United States Citizenship and Immigration Services announced that for the month of October 2018, applicants may file their I-485 applications for adjustment of status in both the employment-based and the family-based categories according to new Filing Date Charts. Usually, USCIS does not allow employment-based applicants to file before their priority date is current as per the Visa Bulletin’s Final Action Chart. This positive (although perhaps temporary) change in policy reflects a major development for some applicants and their families, as they can thereby obtain employment authorization documents (EADs) and Advance Parole travel permits which, in certain instances, would potentially be more than a year earlier than otherwise anticipated.

So – what does this mean for investors, entrepreneurs, multinational managers, and extraordinary ability applicants in specific categories?

Perhaps the most significant advantage will be for Vietnamese EB-5 applicants. As we discussed previously, Vietnam EB-5 faced retrogression for the first time this spring.  Backlogs are anticipated to remain for the foreseeable future; given sustained EB-5 demand. However, Vietnam remains “Current” on the Date for Filing Chart. This essentially means that all Vietnamese petitioners in the U.S. with approved Form I-526s (e.g. student-investors with 2016 and 2017 priority dates) would now be eligible to file for adjustment. It may be significantly longer before such priority dates become current on the Final Action Date chart given that as of October 2018, it is pegged at Jan 1, 2016. Anecdotally, Vietnamese EB-5 demand appears to have surged from 2016 to the present.

Consider as well the effects on EB-1 Worldwide. As of October 2018, the priority date for worldwide EB-1 will be April 1, 2017. However, the worldwide EB-1 date on the Filing Date Chart in October is June 1, 2018. Thus, potential applicants with a priority date earlier than June 1, 2018, may now file accordingly.

If you have an approved EB-5 petition or pending EB-1 application and you would like to discuss the prospects of filing for adjusting status “early”, contact us today.

Consider as well the effects on EB-1 Worldwide. As of October 2018, the priority date for worldwide EB-1 will be April 1, 2017. However, the worldwide EB-1 date on the Filing Date Chart in October is June 1, 2018. Thus, potential applicants with a priority date earlier than June 1, 2018, may now file accordingly.

If you have an approved EB-5 petition or pending EB-1 application and you would like to discuss the prospects of filing for adjusting status “early”, contact us today.

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