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Changes to Special Immigrant Juvenile Final Action Dates
Contributor: Van T. Doan
On March 22, 2023, the U.S. Department of State released its April 2023 Visa Bulletin. The Visa Bulletin announced significant changes to the allocation of certain employment-based visas, including EB-4 visas. This affects children who have been granted Special Immigrant Juvenile Status; special immigrant juveniles receive visas through the EB-4 category.
The changes to the final action date matter because they affect how long special immigrant juveniles have to wait before applying for adjustment of status—in other words, before they can get a green card. In this blog post, we will discuss what the changes are, why they were made, and what it means for special immigrant juveniles from different countries.
What is a Priority Date, and Why Does it Matter?
A “priority date” is the date that United States Citizenship and Immigration Services (USCIS) considers an immigrant to have declared their intent to become a lawful permanent resident of the United States—a green card holder. In essence, the priority date is an immigrant’s “place in line” to get a green card. The priority date is assigned when the immigrant submits their visa petition; it is usually the date the government receives the petition.
Priority dates are important because there are only limited numbers of visas available for certain countries and immigrants in certain preference categories.
What is a Final Action Date?
An individual’s priority date is assigned to them when they submit their visa petition, and it does not change. However, the “final action date”may change.
A “current” priority date means that it is earlier than the final action date listed in the Visa Bulletin that USCIS issues monthly. When an immigrant’s priority date is current, they can proceed with their immigration petition. Because final action dates are fluid, it’s important for immigrants to be aware of the dates in the most recent Visa Bulletin.
What Has Changed with Special Immigrant Juvenile Priority Dates?
In a nutshell, the priority dates for special immigrant juveniles (SIJs) from many countries will become current sooner, enabling those immigrants to apply for a green card. However, the final action dates for SIJs from other countries will be pushed back, meaning that their priority dates will take longer to become current (or to become current again). Some SIJs who were eligible to apply for a green card as of March 31, 2023, no longer have a current priority date as of April 1, 2023. Those juveniles will need to wait until their priority date becomes current again before they can apply for a green card.
Why Did the Department of State Change the Final Action Dates?
Priority dates and final action dates exist in response to a demand for visas that has almost always outpaced the number of visas available. Applicants from a particular country cannot receive more than 7% of the total family-based and employment visas available in a particular year. (EB-4 visas, which include special immigrant juveniles, are considered an employment-based visa). If there are more applicants from a country than available visas, the country is considered “oversubscribed.” Section 202(e) of the Immigration and Nationality Act (INA) says that when a country is oversubscribed, visas for that country from any preference category (including EB-4) are restricted.
The State Department concluded that the way the 7% cap was being calculated was incorrect. The change reflects the use of the proper calculations.
How Does the Visa Bulletin Change Affect Special Immigrant Juveniles?
The changes described above are a positive development for special immigrant juveniles from certain countries, including El Salvador, Guatemala, and Honduras. For immigrants from those countries in the EB-4 preference category, the final action dates have moved forward by several months; they will be able to apply for a green card sooner than previously thought.
However, because there is a limited number of total visas, that means that EB-4 immigrants from most other countries, including special immigrant juveniles from those countries, will have to wait longer until their priority date becomes current and they can apply for a green card.
What Should Special Immigrant Juveniles Do?
Special immigrant juveniles from El Salvador, Guatemala, and Honduras who had expected to have to wait many months before they could apply for a green card should speak with an experienced immigration attorney who can advise them of whether their priority date is current and help them complete their application for a green card.
Special immigrant juveniles from other countries should also consult an attorney for help applying for a green card when their priority date becomes current. To learn more about priority dates and final action dates, contact our law office.
Categories: Immigration Law