An error by U.S. Citizenship and Immigration Services (USCIS) in the publication of a second bulletin board for October 2015 allowing applicants to pre-file their green card applications continues to see applicants face a lengthy wait before they can adjust their status. These delays are particularly significant for nationals of India.

The issuance of a second bulletin board was part of an effort by the Obama administration to reduce the long wait times faced by foreign nationals both in the U.S. and abroad who are in the process of getting their green cards. It is designed to allow individuals to pre-file their applications and, consequently, obtain work authorization and travel documents while they wait for their green cards to become available. Although most individuals who file for green card through employment already have employment authorization, this procedural change will give them greater flexibility and job mobility.

In addition, the pre-filing of the green card application, i.e. Form I-485, will convey applicants a legal status in the U.S.

In general, there are two important dates listed on the monthly visa bulletin: the “Filling Date,” which determines when individuals located in the U.S. can submit their Form I-485; and the “Final Action Date,” which determines when USCIS or the Department of State can make a decision on the applications. An applicant also has his or her own “Priority Date,” which can be found in the Form I-797C receipt notice received after filing either Form I-130 for family-based green card petition or I-140 for employment-based green card petition.  Under the new second bulletin board system, if this “Priority Date” is earlier than the listed “Filing Date” for the particular visa category and country, the applicant will be able to file Form I-485 earlier than under the old single bulletin board system. However, the applicant must still wait for the “Final Action Date” to become current before their green card petition is approved.  

The first version of the second October 2015 bulletin board published on September 9, the “Filing Date” for most family-based categories was less than one year and up to two years earlier than the “Final Action Date.” Notably, the employment based category of EB-2 for India has a “Final Action Date” of May 1, 2015 and “Filing Date” of July 1, 2011. However, the revised version of the board published on September 25 reverts back to the trend of long waiting times. As a comparison, the revised bulletin lists the EB-2 “Filing Date” for India as July 1, 2009.  

The American Immigration Lawyer’s Association (AILA) has sent a letter to the Department of Homeland Security (DHS) requesting that the “Filing Date” of the October 2015 bulletin board published on September 9 be effective for a limited period of time. This would enable some applicants to take advantage of the shorter wait time for filing the immigrant visa application.

In addition, USCIS suspended the adjudication of employment-based green card petitions on September 24 because the Department of State has reached the statutory cap for this category for fiscal year (FY) 2015. USCIS will resume final adjudication of employment- based green card applications beginning October 1, 2015 when visa numbers are available again.

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