The Department of State has just released the October 2018 Visa Bulletin which determines visa availability. Here is a brief summary:

There is still a worldwide EB-1 backlog for the employment-based, first-preference (“EB-1”) category, and a Final Action Date of April 1, 2017 has been imposed for all countries. This means that green cards won’t be issued for applications with a Priority Date after this Final Action Date. For persons born in China and India, the EB-1 dates on the Filing Date Charts are 16 months ahead of the priority dates.

However, the good news is that USCIS announced that applicants for adjustment of status in both employment-based ad family-based categories my file their I-485 applications according to the Filing Date Charts. This means that one may file the I-485 before the priority date is current and obtain travel and work permits.

By example, an EB-1 extraordinary ability artist has a priority date of March 15, 2018. Yet, the October Bulletin’s Final Action Date for issuing green cards is April 1, 2017 – almost a year away. However, the worldwide EB-1 date on the Filing Date Chart is June 1, 2018. As USCIS will allow applicants to use the Filing Date Charts in October, this artist will be able to apply for adjustment of status in October and will not have to wait for the priority date to be current.

All family-based categories remain backlogged, with limited movement, varying from over twenty years (Philippines, F4 – Brothers and Sisters of Adult U.S. Citizens) to just over two years (All countries, F2A – Spouses and Children of Permanent Residents). But also here, potentially being able to submit the I-485 in October in accordance with the Filing Date Charts is an opportunity one should not ignore.

By example, persons in the worldwide F2B (unmarried sons and daughters of permanent residents) category may be able to apply for adjustment of status years before their priority dates are current. The F2B Final Action Priority Date in October is November 22, 2011, but the Filing Date is March 22, 2014. This will allow qualifying persons in this category to apply for adjustment of status and obtain EADs years before their priority dates are current.