After an unusually long wait, the October Visa Bulletin is here, bringing a mixed start to the new fiscal year.
The good news: USCIS will use the more favorable Dates for Filing chart for employment-based green card cases in October. This creates new filing opportunities for some foreign nationals beginning October 1.
Key filing-date changes
- EB-1 China and India: advance to July 1, 2024
- EB-2 China: advances to January 1, 2023
- EB-3 China: advances to April 1, 2024
- EB-2 and EB-3 India: remain at January 15, 2015
The news is less favorable for other countries. Worldwide EB-2 and EB-3 filing dates move backward, reflecting a conservative start to FY2027 visa-number management.
Dates for Filing = when someone may be able to file the I-485.
Final Action Date = when USCIS can actually approve the green card.
What does this mean for employers and their foreign nationals?
Review pending green card cases. Employees whose priority dates are earlier than the applicable October Dates for Filing may be eligible to file Form I-485 beginning October 1.
Filing the I-485 is an important milestone. However, approval may still be a year or more away and depends on visa availability, USCIS processing and the individual case. Visa Bulletin dates can also advance, remain unchanged or move backward.
Adjustment applicants also face the broader requirements applicable to I-485 adjudication, including USCIS’s discretionary review and the new public-charge framework.
Importantly, the green card process is separate from H-1B or other temporary work status. Becoming eligible to file an I-485 does not necessarily mean an H-1B or other nonimmigrant extension is no longer needed.
Bottom line: October may open an important filing window for some employees, but every case is different. Employers and foreign nationals should review priority dates and individual immigration strategies before making changes based on the Visa Bulletin.
Practice note: Visa availability and USCIS adjudication can change. This update provides general information, not legal advice. Individual cases should be reviewed based on priority date, country of chargeability, category, status and filing history.