New Adjustment of Status Rules

 

New Adjustment of Status Rules

In one of the most dramatic openings for both employer based and family based individuals who have been waiting years to proceed with their Adjustment of Status (AOS) applications, a new rule that comes into effect from October 1, 2015, will allow them to apply for AOS and concurrently also Employment Authorization and Advance Parole even though their priority dates are not yet current.

Two charts will be posted for each Employment based and Family based visa preference category on the Department of State’s monthly Visa Bulletin:

  1. The first will have the Application Final Action Dates. This will continue to reflect the priority dates and so determine when visas may finally be issued; and
  2. The second will have Dates for Filing Applications. This will be a date when applicants may be able to apply for Adjustment regardless of the actual priority date being current or not.

 

This is a huge advantage for employees, though maybe not for their employers. As per the existing laws after the I-485 has been pending for more than180 days, an employee is free to port his employer provided it is in the same or similar occupational classification as the one for which his Labor Certification and I-140 had been approved.

 

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.