USCIS Clarifies Use of Dates for Filing vs Final Action Dates by Visa Category

First, identify all linkable resources in order of appearance.

Detected resources in order of appearance (to be linked):
1. USCIS Adjustment of Status Filing Charts (uscis_resource) — first mention in paragraph 1: “USCIS says it announces which chart applies…”
2. Dates for Filing (policy) — first mention in paragraph 1: “the Department of State’s “Dates for Filing” chart”
3. Final Action Dates (policy) — first mention in paragraph 1: “employment-based applicants must follow “Final Action Dates.””
4. Form I-485 (form) — first mention in “Forms and preparation checklist” section: “Form I-485”
5. Form I-765 (form) — first mention in same checklist: “Form I-765”
6. Form I-131 (form) — first mention in same checklist: “Form I-131”

Now the article with only the allowed .gov links added (maximum 5). I linked the first mention of each resource in the body, using official USCIS pages for forms and the Adjustment of Status filing charts, and a Department of State Visa Bulletin page for Dates for Filing / Final Action Dates references where appropriate. No other content or formatting was changed.

(U.S. Citizenship and Immigration Services) USCIS has set different filing rules for September 2025 and a uniform approach for October 2025, changing when family- and employment-based green card applicants can submit Adjustment of Status (AOS) applications. For September, family-sponsored applicants must follow the Department of State’s Dates for Filing chart, while employment-based applicants must follow Final Action Dates. Starting in October, both family- and employment-based applicants will use the Dates for Filing chart to decide if they can file. USCIS says it announces which chart applies within a week after the State Department publishes the monthly Visa Bulletin.

The choice of chart matters because it controls when a person inside the United States 🇺🇸 can file an AOS package, even if a green card number is not yet available for final approval. The Dates for Filing chart generally lets people file earlier. The Final Action Dates chart controls when a green card can actually be approved.

Under current guidance as of September 15, 2025:
– For September 2025:
– Family-based cases use Dates for Filing.
– Employment-based cases use Final Action Dates.
– For October 2025:
– Both family- and employment-based categories use Dates for Filing.

According to analysis by VisaVerge.com, the October shift could help many applicants start their cases sooner, opening the door to work and travel benefits while they wait for final visa availability.

Policy changes overview

USCIS coordinates each month with the Department of State to track visa supply and demand. The agency’s monthly choice reflects whether there appear to be more immigrant visas available than known applicants in a fiscal year:

• If supply appears greater than demand, USCIS may allow filing based on Dates for Filing.
• If demand is tight, USCIS requires filing based on Final Action Dates.
• Practical exception: if a category shows as “current” on Final Action Dates, or the Final Action cutoff is later than Dates for Filing, applicants may use the Final Action chart for that month.

For reference:
– USCIS posts the monthly designation on its Adjustment of Status filing charts page, typically within one week after the State Department publishes the Visa Bulletin.
– Confirm the current month’s rules here: USCIS Adjustment of Status Filing Charts.

This coordinated approach has been a steady USCIS tool since 2024 to better use limited visa numbers and reduce delays where possible. Important distinction:

Filing early using the Dates for Filing chart is not the same as receiving a green card early. It allows intake of cases and access to some benefits while final approval still depends on Final Action Dates.

Impact on applicants

Filing under Dates for Filing can change daily life for people in long backlogs. Benefits and practical effects include:

• Ability to file Form I-485 to start the AOS process.
• Option to apply for:
  • Form I-765 for an Employment Authorization Document (EAD) — work permit.
  • Form I-131 for Advance Parole — travel permission while the case is pending.
• Entry into the queue for biometrics and, sometimes, an interview so parts of the process proceed while waiting for visa availability.

Limits to remember:
– A green card cannot be approved until the priority date is current on the Final Action Dates chart.
– Dates for Filing enables submission; Final Action Dates control the finish line.

Practical examples:
– In September 2025, a family-based applicant whose priority date is earlier than the Dates for Filing cutoff can file now, even if Final Action is not current.
– In September 2025, an employment-based applicant must wait until their priority date is current under Final Action Dates to file.
– In October 2025, both family and employment applicants can file based on Dates for Filing, potentially allowing many employment-based applicants to file sooner than in September.

Practitioner notes and employer perspective:
– Filing under Dates for Filing gives families and employers more planning room — work permits for spouses/children, maintaining lawful status while AOS is pending, stabilizing workforces.
– Employers should plan carefully: earlier filing doesn’t increase visa numbers; final approvals still depend on Final Action Dates.
– For families, earlier filing (e.g., in October) can mean work authorization months sooner — easing financial strain and improving stability.

How to check and file (step-by-step)

Follow these monthly steps to decide when to file:

1. Find your priority date (usually the date the government received the immigrant petition, e.g., Form I-130 or I-140).
2. Identify your category (family-sponsored or employment-based) and country of chargeability (often your country of birth).
3. Check the USCIS announcement to see whether to use Dates for Filing or Final Action Dates for your category this month.
4. Compare your priority date with the correct chart in the monthly Visa Bulletin. If your priority date is earlier than the cutoff listed on the chart USCIS designated, you can file AOS.
5. Prepare your filing. Main forms include:
   • Form I-485 — Application to Register Permanent Residence or Adjust Status.
   • Form I-765 — Application for Employment Authorization (EAD).
   • Form I-131 — Application for Travel Document (Advance Parole).
6. Submit the package and watch for a receipt notice, biometrics appointment, and further steps.

Official USCIS resource: USCIS Adjustment of Status Filing Charts.

Forms and preparation checklist

• Form I-485: review instructions and eligibility before filing.
• Form I-130: petition for a family member (filed by sponsor).
• Form I-140: petition for a worker (filed by employer or self-petitioner where allowed).
• Form I-765: request EAD while green card case is pending.
• Form I-131: request Advance Parole for travel while the case is pending.

Filing tips:
– Use the latest form versions and correct filing addresses.
– Confirm current fees and evidence lists on USCIS form pages — rules and fees may change.
– Gather supporting documents ahead of time: diplomas, experience letters, medical exam results, birth/marriage records, sponsor evidence, proof of lawful entry/status.

Why USCIS switches charts month to month

The decision primarily reflects visa math — aiming to use available immigrant visa numbers without exceeding statutory limits.

• When internal data suggests fewer known applicants than available numbers, USCIS may open filing with Dates for Filing to build a buffer.
• When demand is stronger, USCIS tightens filing using Final Action Dates.
• Special monthly rule: if Final Action is “current” in your category, or the Final Action cutoff is later than Dates for Filing, you may file using the Final Action chart that month.

This measured approach helps smooth visa usage across the fiscal year and avoids last-minute surges.

Practical planning advice

• Employment-based applicants restricted in September should gather documents so they’re ready to file in October (when Dates for Filing applies). Collect diplomas, experience letters, medical exams, and civil documents early.
• Families: assemble birth/marriage records, sponsor evidence, and proof of lawful entry/status in advance.
• Employers: map timelines for HR and immigration teams, especially for high-volume filings. Work permits tied to pending AOS can reduce workforce disruption when nonimmigrant status is expiring.
• Monitor monthly USCIS postings — the agency typically sets the chart within a week after the Visa Bulletin posts, but mid-month changes can occur if demand shifts.

According to VisaVerge.com, the October shift to Dates for Filing across both tracks could indicate improved visa number availability or a strategy to keep cases moving as the new fiscal year begins. Either way, more people can submit AOS applications sooner, though final approvals will still follow Final Action Dates.

Important reminders:
– Always double-check the USCIS chart before mailing filings, especially if your priority date is near a cutoff.
– Consider professional help for complex histories (status gaps, unauthorized employment, criminal issues).

Filing earlier is not a silver bullet, but it can reduce stress and give families and workplaces a path forward. With careful attention to the monthly Visa Bulletin and USCIS chart choice, applicants can time their AOS filings to make the most of each filing window while they wait for Final Action Dates to reach their place in line.