To be eligible to file an employment-based adjustment application in March, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
The ability to file adjustment of status applications using the Dates for Filing chart in March will mitigate the impact of retrogression imposed on the EB-3 Worldwide category (all countries except China and India). Instead of retrogressing to the Final Action date of January 1, 2017, those in the EB-3 Worldwide category with priority dates earlier than January 1, 2019, will be able to file adjustment applications in March pursuant to the Dates for Filing chart. These applications will not be approved until the applicant’s priority date becomes current on the Final Action date chart, but adjustment filings will be accepted by USCIS.
Cutoff dates in the March Dates for Filing chart remain unchanged from the February Visa Bulletin, with the exception of EB-5 China, which will advance several months.
Though the State Department has retrogressed the EB-3 Worldwide category effective immediately, USCIS is expected to accept adjustment applications based on the February Visa Bulletin through the end of this month, as it has in the recent past in similar circumstances. Under the February Visa Bulletin, USCIS is accepting adjustment of status applications for countries that are current in the EB-3 category – specifically, for all countries except for China, India and the Philippines.