Most entries below contain actual legal discussions of events directly related to Filipinos in or immigrating to the United States.
Remember- These writings are provided for general information only and do not constitute legal advice, nor do they create any attorney-client relationship. Each person's needs and requirements are different and require a personal evaluation to determine the proper legal course of action.

Friday, September 25, 2015

EB-3 Philippines Early Adjustment Filings Take A Hard Hit Before Program Even Begins

In the October Visa Bulletin, USCIS began a new program that allows many people to file their applications for Permanent Residence before their priority dates become current.  This benefit will allow many future Permanent Residents to obtain early employment and travel authorization. 

That same October Visa Bulletin published a “Filing Date” chart.  If an applicant’s Priority Date was earlier than the Filing Date, the applicant could file their early application for Permanent Residence, beginning October 1, 2015.

Today, only sixteen days after the October 1 Filing Dates were published, USCIS advanced the October 1 Filing Dates for five immigrant groups, greatly reducing the number of potential early applicants eligible to file on October 1st.

EB-3 Philippines is the group most harmed by this change. 

The Visa Bulletin published on September 9 allowed any adjustment-eligible EB-3 Filipino (and their derivative applicants) to file for Permanent Residence if their priority dates were priority dates were before January 1, 2015.  Today, the EB-3 Philippines filing date was changed to January 1, 2010 – disqualifying hundreds of potential early adjustment applicants.

There is no explanation for this change other than USCIS error in calculating the visa demand.  And there is nothing for those harmed by this action to do but to wait to see what happens next!

Although Philippines EB-3 took the hardest hit today, four other immigrant categories were also adversely effected by today's announcement.  Those categories (and the duration of their Filing Date regression) are:

EB-2 China                1 year, 5 months

EB-2 India                  2 years

EB-3 Philippines       5 years

FB-1 Mexico              3 months

FB-3 Mexico              1 year, 5 months

This change is very disappointing to those who believed October 1 would mark a major step towards their dreams of permanent residence. 

Go to the Most Recent US Immigration Topic 

View Qualifications of Attorney James W. Austin

Go To Austin & Ferguson, LLC Home Page