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.

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