The New Dual Chart System: October 2015 Visa Bulletin

For the past several decades, the State Department’s monthly published Visa Bulletin has announced “cut off” dates to determine where immigrant visa applicants were in the various quota queues applicable to family, employment-based and Diversity-based immigrant visa categories. On September 9, 2015, the US Department of State announced a new system for determining eligibility to file for permanent residency.

As of October 1st, in an effort to maximize immigrant visa usage in a fiscal year, the Department of State has established a system where there are two different dates to track. “Application Final Action Dates” (AFADs) are essentially the cut off dates that have always appeared in the Visa Bulletin. “Dates for Filing Applications” (DFAs) are the dates applicants proceeding with consular processing of green cards should be notified to begin gathering documents for submission to the National Visa Center.

The new system applies to the family and employment-based green card categories. The Diversity Visa cut off system is not changed and one chart remains applicable in that category.

The DFAs are anywhere from several months to several years later than the AFADs. Here are the differences on the October Bulletin.

Family categories

F1 – World (14.5 months); China (14.5 months); India (14.5 months); Mexico (7.25 months); Philippines (50 months)

F2A – World (10.5 months); China (10.5 months); India (10.5 months); Mexico (12 months); Philippines (10.5 months)

F2B – World (17.5 months); China (17.5 months); India (17.5 months); Mexico (5 months); Philippines (3 months)

F3 – World (10.25 months); China (10.25 months); India (10.25 months); Mexico (27.75 months); Philippines (22 months)

F4 – World (11.75 months); China (11.75 months); India (11.75 months); Mexico (13.25 months); Philippines (8 months)

Employment categories

EB1 – all categories continue to be current

EB-2 – World (current); China (28 months); India (62 months); Mexico (current); Philippines (current)

EB-3 – World (.5 months); (China) 23.5 months; India (15.75); Mexico (.5 months); Philippines (96 months)

EB-3 Other workers – World (.5 months); China (12 months); India (15.75 months); Mexico (.5 months); Philippines (96 months)

EB-4 – This category has generally been current but is being made temporarily unavailable since the religious worker category partially expires on September 30th and Congress has not yet extended

EB-5 – The EB-5 regional center category expires on September 30, 2015 so that category is unavailable for October 2015, but could change if and when Congress extends the program (which is expected). For EB-5s in the regular category, the difference between the AFAD and the DFA is 19.75 months.

The rule takes effect with the October 2015 Visa Bulletin and applicants will not be able to file based on the new system until October 1, 2015.

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