NEWS

EB-1 Final Action Date in August 2018 Visa Bulletin Causes Confusion

The US Department of State Visa Bulletin for August 2018 states that a final action date of May 1, 2016, will take effect “immediately” for EB-1 Worldwide, El Salvador, Guatemala, Honduras, Mexico, and the Philippines. This immediate effective date has created confusion.

USCIS has clarified that through the end of July 2018, it will continue to accept, interview and adjudicate adjustment applications (Form I-485) in the categories of EB-1 Worldwide, El Salvador, Guatemala, Honduras, Mexico, and the Philippines regardless of the priority date. Beginning on August 1, 2018, USCIS will only accept I-485 applications for these EB-1 categories for applicants with a priority date before May 1, 2016.

For those applicants in these EB-1 category who are losing their nonimmigrant status after the end of July 2018, it is critical that they file the Form I-485 application to adjust status before August 1, 2018. A pending I-485 application to adjust status provides lawful status in the US and the adjustment applicant may also apply for the employment authorization document (EAD) and advance parole travel document.