Responding to the President Obama’s proposal for modernizing the visa system which exists in the proposed Immigration Accountability Executive Actions dated November 2014. The US State Department is now looking out for some possible changes in the immigrant visa availability system and will introduce a new regulation the immigrant visa availabilities in future.
The State Department publishes visa and immigration news bulletin every month to announce and provide information about the cut-off dates based upon the overseas candidate’s Employment Based category.
From now according to new rules, whenever an overseas candidate file the Form I -485 which is an application to register for Permanent Residency, the priority date will come first and then the cutoff date, as per the foreign applicant’s Employment Based (EB) preference and changeability for country’s region category.
The intention behind the State Department creation of two cut off dates categories is that both the dates should reflect in the Visa Bulletin every month. The first cutoff date which is also known by the name of “Approval”. This cutoff date will be functioning as the current and will controls when the adjustment application might get approved.
The second cutoff date which is also known by the name of “acceptance” would control the status application for adjustment is filed and it would be possible only when the cutoff acceptance date is after the overseas candidate’s priority date. The overseas candidate might be eligible for the benefits like documents of employment authorization, authorization of advance parole and portability for I-40 immigration petition, Once the application for adjustment is filed.
Now as soon as the information of the new cut-off dates that come under “acceptance” gets on the Visa Bulletin, the many candidates from countries like India and China can file their adjustment applications. And it’s very much expected that the cutoff dates that comes under” acceptance” category will be issued many years before the cutoff dates that comes under “approval” category.
This will be very useful step for the countries like India and China who face years of delays before filing the status applications for adjustment of the green card process based on employment.