In October 2018, more individuals will be eligible to file their green card applications than before. The U.S. Citizenship & Immigration Services (USCIS) has announced that for the month of October 2018, it will accept I-485 adjustment of status (i.e. green card) applications for both employment-based and family-based categories based on the Dates for Filing Charts.
For decades, an individual had to wait for his or her priority date to become current before filing the green card application. In October 2015, the USCIS, in collaboration with the U.S. Department of State (DOS), added an earlier date that allowed an individual to file for their green card application, before their priority date became current. This was done to “more accurately predict overall immigrant visa demand” and “ensure that the maximum number of immigrant visas are issued annually as intended by Congress.” A by-product of the new procedure allowed these green card applicants to become eligible for an Employment Authorization Document (EAD) card and Advance Parole (AP) travel authorization earlier than before. Since October 2015, however, the USCIS had never allowed individuals in employment-based categories to benefit from the earlier Dates for Filing charts. October 2018 will be the first time employment-based applicants can finally benefit from this new procedure.
During October 2018, USCIS will accept green card applications for employment-based and family-based applicants based on the following Dates for Filing (based on the individual’s priority date):
| All Chargeability|
|Certain Religious Workers||C||C||01MAY16||C||C||C|
(C5 and T5)
(I5 and R5)
Please contact an attorney at Minsky, McCormick & Hallagan, P.C. if you need assistance to file your green card application in October based on this announcement.