Starting October 2018, USCIS will accept adjustment of status (“AOS”) applications from employment-based categories based on cut-off dates set in Chart B of the Visa Bulletin. For China EB-5 applicants, this means that eligible individuals with priority dates earlier than October 1, 2014 may file an AOS application starting on October 1, 2018.
Filing an AOS in October under Chart B is NOT advisable or possible if the applicant (client, spouse, or children):
- Is not physically and lawfully present in the U.S. at this time
- Entered on an F, B or J visa within the past 90 days
- Has an interview notice for a consular interview in October 2018
- Cannot remain in the U.S. without traveling for the next 3 or 4 months or more (H or L nonimmigrants not included)
- Cannot quickly provide the filing fee, legal fee, and needed information to your attorney in the next two weeks
Filing AOS in October under Chart B is a worthwhile consideration for an applicant who:
- Is married to a PA who has a pending AOS
- Is the child of a PA who has a pending AOS
- Is the fiancé of a PA with a pending AOS and is ready to marry in the next two weeks
- Is maintaining lawful temporary visa status in the U.S.
- Does not need to travel internationally in the next 3-4 months or more
- Can pay the fees and provide the AOS information quickly
The filing fee for this application is $1,225 per person and the legal fee is $2,500 plus $1,500 per dependent. Please contact the attorney and assistant assigned to your case with any questions.