For adjustment of status filing purposes, when can EB5 applicants who have approved I-526 petitions use Final Action Dates and when can they use Dates for Filing?
Our clients who are born in countries subject to retrogression are asking. Are they supposed to use Final Action Dates or Dates for Filing chart? The charts are somewhat confusing. Any clarity you can provide would be appreciated.
Glad you asked this question. Luckily, the answer can be found directly from the USCIS website. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, they will state on their web page that the applicant may use the Dates for Filing chart. Otherwise, they will indicate on the same page that they must use the Final Action Dates chart to determine when they may file their adjustment of status application. However, if a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. For Employment-Based Preference Filings such as EB5 applicants must use the Final Action Dates chart in the Department of State Visa Bulletin for September 2019. I hope this explanation clarifies the issue a little bit more.
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