October Visa Bulletin Fiasco


On 9/09/15, the Department of State (DOS), in coordination with USCIS, announced it has revised the Visa Bulletin system which determines cut-off dates to regulate the number of applicants eligible to file for adjustment of status applications (I-485) each month.  The revised process sets forth a second set of cutoff dates which enables many applicants to submit their I-485 much sooner.  On 9/09/15, the October VB was also released.  See: Major Visa Bulletin Change


On 9/25/15, DOS published a “revised” Visa Bulletin for October, rolling back the "Dates for Filing" for several visa categories.  The revised Visa Bulletin supersedes the original Visa Bulletin published on 9/09/15.  See: Revised October VB


On 9/28/15, AILA sent a letter to Secretary of State John Kerry, Secretary of Homeland Security Jeh Johnson, and Director of the Domestic Policy Council Cecilia Muñoz expressing disappointment in the revised Visa Bulletin and asking that the "Dates for Filing" cutoff dates published in the original Visa Bulletin be restored.  See: AILA Letter


On 9/29/15, a class action lawsuit was filed by plaintiffs asking a federal judge to strike down the revised October Visa Bulletin, and to compel USCIS to accept adjustment applications pursuant to the original 9/09/15 Visa Bulletin.


Today, USCIS indicated that it will provide answers to some of the public’s questions regarding this ordeal in a publicly-available FAQ. USCIS did not give a timeline on when the FAQ will be released.


Stay tuned as this poorly handled issue continues to evolve.