WHAT VISA BULLETIN REFORM MEANS FOR EMPLOYERS AND FOREIGN NATIONALS
The following are answers to frequently asked questions for foreign nationals eligible to file an application for adjustment of status under the reformatted Visa Bulletin. This FAQ will be updated as the State Department and USCIS issue information about application filing under the revised Bulletin.
How long will foreign nationals be able to rely on the application filing window remaining open?
The application filing opportunity is expected to be available only in the early part of the fiscal year. A foreign national whose priority date is current for application filing in October must be sure to file a complete Form I-485 adjustment of status application package with USCIS by October 30, 2015 to benefit. Though the application filing window may remain open after October 2015, this is not at all guaranteed.
Does the Visa Bulletin format change mean that applicants will be issued green cards any earlier?
No, foreign nationals will not get through the permanent residence backlog any more quickly. The reformatted Visa Bulletin just affects the date by which people may file applications to adjust status.
Are dependents eligible to submit an adjustment application along with a principal employer-sponsored foreign national whose priority date is current for application filing?
Yes. The principal’s spouse and unmarried children under the age of 21 are eligible to file an adjustment application with the principal. Each family member must submit his or her own application.
Must applicants be physically present in the United States in order to file an adjustment of status application?
Yes. A foreign national must be physically present in the United States in order to file an applicant for adjustment of status. Overseas spouses of adjustment applicants should consult with a legal professional to determine whether it is appropriate to enter or reenter the United States in order to be included in the principal’s adjustment application.
What must be included in an application for adjustment of status?
Foreign nationals should contact their designated immigration team for instructions on the personal and family information and documents they will need to provide for each adjustment application.