Dates for Filing in the EB-3 category is a column in the visa bulletin that allows applicants to file certain applications earlier than the point at which a visa is actually granted. Many people confuse this column with the Final Action Date. This article clarifies how Dates for Filing differs from the Final Action Date so you do not get confused.
What Dates for Filing Serves
The visa bulletin has two date charts: the Final Action Date chart (the date a case can be finally approved) and the Dates for Filing chart (the date filing can begin). The two charts serve two different stages of the process.
Dates for Filing is usually earlier than the Final Action Date, allowing applicants to prepare and file certain applications sooner, even before they are officially eligible for final approval.
Why the Dates for Filing Column Is Useful
When filing under the Dates for Filing column is permitted, an applicant inside the United States can file the adjustment of status application earlier, which unlocks the ability to apply for a work permit and travel permit while waiting.
This helps shorten the “dead time” while waiting for the priority date to actually become current. However, final approval of the green card still depends on the Final Action Date.
An Important Point to Remember
Each month, the immigration agency announces which column can be used for filing adjustment of status applications. Some months allow the use of Dates for Filing, while others require the use of the Final Action Date. Therefore, you should not assume that one column always applies.
You should check the chart of which filing column applies each month on the immigration agency’s website before filing, to avoid filing at the wrong time.
Summary
Dates for Filing in EB-3 allows certain applications to be filed earlier, while the Final Action Date determines when the green card is actually granted. The two columns serve two different stages. You should check which column applies each month on the immigration agency’s website to file at the right time.
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References
- U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- USCIS — Adjustment of Status Filing Charts from the Visa Bulletin: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
Read more: Overview of the EB-3 visa for US immigration · EB-3 Cross-Chargeability: Using a Spouse’s Country of Birth
