What changed
In September 2015, DOS and DHS jointly announced a revised Visa Bulletin format that added a second chart — “Dates for Filing” (DFF) — alongside the long-standing “Final Action Dates” (FAD) chart. The revised format took effect October 1, 2015. Each month USCIS publishes, on its Adjustment of Status Filing Charts From the Visa Bulletin page, which chart applies to I-485 filings that month, separately for family-based and employment-based cases. USCIS’s selection is binding for I-485 acceptance.
On February 14, 2023, USCIS extended the DFF chart’s authority into CSPA: “visa availability” for CSPA § 203(h)(1) age calculations now uses whichever chart USCIS honors that month — which usually means the more-favorable DFF chart.
Why it matters
The DFF chart is, by design, ahead of the FAD chart — sometimes by months, sometimes by years. When USCIS authorizes DFF for I-485 filings, applicants can file I-485 (with concurrent I-765 for an EAD and I-131 for advance parole) earlier than they could on FAD. That means earlier work authorization, earlier travel parole, and — under the 2023 guidance — an earlier CSPA “visa availability” date that can save a near-21-year-old derivative from aging out.
The trade-off is that DFF only authorizes FILING. The actual immigrant visa number — required for I-485 approval — still requires the FAD chart to become current. So a DFF-filed I-485 sits in queue, the applicant works on the EAD, and the case is not adjudicated to LPR status until the FAD chart catches up.
Way forward
Check the right page every month. USCIS announces the controlling chart at uscis.gov/visabulletininfo and refreshes it monthly, typically within a few days of the DOS Visa Bulletin posting. The announcement specifies, for family-sponsored AND employment-based, which chart applies. The DOS Visa Bulletin itself shows both charts; USCIS picks one for I-485 purposes.
Apply USCIS’s selection rule. USCIS uses DFF when “USCIS determines there are more immigrant visas available for the fiscal year than there are known applicants for such visas.” In practice, USCIS has tended to honor DFF for most family categories in most months, and to flip between DFF and FAD for employment-based categories based on demand projections from the Visa Office. EB-2 India and EB-2 China are most likely to be on FAD when demand is high.
Use DFF for I-485 filing — but understand approval still waits for FAD. A DFF-filed I-485 is “properly filed” under INA § 245(a). The applicant gets the I-485 receipt notice, can file an I-765 for an EAD and I-131 for advance parole, can change employers under INA § 204(j) portability after 180 days, and can use the EAD and AP indefinitely while the I-485 is pending. But USCIS will not approve the I-485 until the priority date is current on the FAD chart. A DFF filing is, in effect, an early ticket into the adjustment pipeline.
Use DFF for CSPA “visa availability” too. Under the February 14, 2023 USCIS Policy Manual update, the CSPA “visa availability” date is determined by the chart USCIS honors that month for I-485 acceptance. If USCIS is on DFF that month and the DFF date for the relevant category becomes current, the child’s CSPA age is calculated from THAT month — not from the later month when the FAD becomes current. For families with derivatives near 21, this is the single biggest planning lever in CSPA.
Watch retrogression after DFF filing. If the DFF chart goes current, the applicant files I-485, and the DFF chart later retrogresses, USCIS will not reject the already-filed I-485 — it sits in queue. The applicant continues to enjoy EAD / AP renewals. The lock-in is the date of filing, not the current month’s chart.
Concurrent filing with I-140 — same chart applies. For employment-based applicants whose I-140 is not yet filed or approved, 8 CFR § 245.2(a)(2)(i)(B) permits concurrent I-140 + I-485 filing if a visa number is “immediately available.” USCIS treats “immediately available” by the same DFF-vs-FAD selection it announces each month.
Read the USCIS announcement carefully. USCIS sometimes splits its announcement: DFF for family-sponsored, FAD for employment-based. Sometimes the split runs within employment (DFF for EB-2 ROW, FAD for EB-2 India). The announcement is the binding source.
Disclaimer
Fola is a software company, not a law firm, and nothing in this article is legal advice. The chart-selection rule and CSPA reading depend on monthly USCIS announcements and Policy Manual updates that can change without notice. Verify the controlling chart against the USCIS adjustment-filing-charts page and consult a qualified U.S. immigration attorney before relying on a DFF filing.