Revised October 2015 Visa Bulletin and Revised Procedures to Determine Visa Availability

On September 25, 2015, DoS published a revised October 2015 Visa Bulletin superseding the original published September 9, 2015. The government has adjusted Dates for Filing Applications for some Family-Sponsored and Employment-Based preference categories to better reflect a timeframe justifying immediate action.

Applicants should use the revised charts when filing an I-485. (See Employment-Based Priority Dates and Family-Based Priority Dates). DHS will rely on this revised Visa Bulletin when considering I-485 eligibility.

The Dates for Filing Applications chart is part of the revised procedures for determining visa availability for applicants waiting to file an I-485.

USCIS Revises Procedures for Determining Visa Availability

USCIS, in coordination with DoS revised procedures for determining visa availability for applicants waiting to file an I-485. The revised process will better align with procedures DoS uses for foreign nationals who seek lawful permanent resident status via immigrant visa applications at US consulates and embassies abroad.

This revised process will enhance DoS’s ability to accurately predict immigrant visa demand and determine cut-off dates for visa issuance published in the Visa Bulletin. (See Employment-Based Priority Dates; Family-Based Priority Dates) This will help ensure issuance of the maximum number of immigrant visas annually, and minimize fluctuations in final action dates.

The Visa Bulletin revisions implement November 2014 executive actions. (See Modernizing and Streamlining Our Legal Immigration System for the 21st Century, July 2015.)

What is Changing

The revised October 2015 Visa Bulletin will post two charts. These include:

• Application Final Action Dates (dates when visas may be issued); and,
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month USCIS and DoS will monitor visa numbers and post the relevant Visa Bulletin chart. Applicants should use the charts to determine eligibility for filing Form I-485.

To determine additional visa availability, USCIS will compare visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants;
• Pending adjustment of status applications; and,
• Historical drop off rate (e.g., denials, withdrawals and abandonments).

About the Visa Bulletin

DoS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates availability of statutorily limited visas based on individual priority dates.

A priority date is generally the date when an applicant’s relative or employer properly filed an immigrant visa petition (I-140). If an immigrant visa petition requires a labor certification, the priority date is the date that the USDOL accepted that application for processing.

Immigrant visa availability means that eligible applicants can take one of the final steps in the green card process.