Call us today for help! (206) 292-5237

December 2019 Visa Bulletin Commentary

The December 2019 Visa Bulletin was released earlier today. Once again, nothing particularly noteworthy except that the employment-based categories for India continue to see no movement.

 

Commentary:

 

December 2019

 

For all countries except India, China, Philippines, and Mexico: F2A category priority date remains current, F2B preference advances 31 days to a PD of 8 July 2014, F4 category advances 31 days to 1 February 2007; EB1 advances 44 days to 15 July 2018; EB2 remains current; and EB3 remains current.

 

For India only: F2A category remains current, F2B preference advances 31 days to 8 August 2014, F4 advances 18 days to a PD of 1 November 2004; EB1 remains at a PD of 1 January 2015; EB2 advances 2 days to 15 May 2009; EB3 remains at a PD of 1 January 2009; EB5 Non-Regional Center advances 25 days to a PD of 1 January 2018; EB5 Regional Center is currently unavailable.

 

For China only: EB1 advances 104 days to a PD of 15 May 2017; EB2 advances 100 days to a PD of 22 June 2015; EB3 remains at a PD of 1 November 2015; EB5 Non-Regional Center advances 14 days to a PD of 15 November 2014; EB5 Regional Center is currently unavailable.

 

For Vietnam only: EB5 Non-Regional Center advances 17 days to a PD of 1 December 2016; EB5 Regional Center is currently unavailable.

 

Can file your immigrant applications if PD before:

 

F2A 1 October 2019; F2B 8 February 2015 for All Areas, except 22 April 1999 for Mexico and 1 June 2009 for Philippines; F4 22 July 2007 for All Areas, except 1 July 2005 for India, 1 January 1999 for Mexico, and 15 June 1999 for Philippines.

 

EB1 Current for all countries, except 1 September 2017 for China and 15 March 2017 for India; EB2 All countries except India and China are current; EB3 All countries except India, China, and Philippines are current; EB2 India remains at 1 July 2009; EB3 India remains at 1 February 2010; EB2 China remains at 1 August 2016; EB3 China remains at 1 March 2017; EB5 China (RC and Non-RC) advances 135 days to 15 May 2015; Vietnam is not individually listed and should use the all countries category.

 

Notes from Tahmina:

 

In light of the No-RFE memo as well the NTA memos, it is important that those waiting to receive their green cards maintain their underlying visa status.

 

Notes copied from the Department of State regarding Visa availability:

 

D.  SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution (H.R. 4378 – Continuing Appropriations Act, 2020, and Health Extenders Act of 2019), signed on September 27, 2019, the non-minister special immigrant program expires on November 21, 2019. No SR visas may be issued overseas or final action taken on adjustment of status cases after midnight, November 20, 2019. Visas issued prior to this date will only be issued with a validity date of November 20, 2019 and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight, November 20, 2019.

The final action date for this category has been listed as “Unavailable” for December for all countries.

If there is legislative action extending this category for FY 2020, the final action date would immediately become “Current” for December for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a July 1, 2016 final action date, and Mexico, which would be subject to a July 22, 2017 final action date.

Employment Fifth Preference Categories (I5 and R5):

Pursuant to the continuing resolution (H.R. 4378 – Continuing Appropriations Act, 2020, and Health Extenders Act of 2019), signed on September 27, 2019, the immigrant investor pilot program is extended until November 21, 2019. The I5 and R5 visas may be issued until close of business on November 21, 2019, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas or final action taken on adjustment of status cases after November 21, 2019.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for December.

If there is legislative action extending the categories for FY 2020, the final action dates would immediately become “Current” for December for all countries except China-mainland born I5 and R5, which would be subject to a November 15, 2014 final action date; India I5 and R5, which would be subject to a January 1, 2018 final action date; and Vietnam I5 and R5, which would be subject to a December 1, 2016 final action date.

E.  EMPLOYMENT-BASED VISA AVAILABILTY IN THE COMING MONTHS

In recent weeks there has been a steadily increasing level of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services. Continuation of the current demand pattern would require the establishment of final action dates in the Employment Second, Third, and Third Other Worker preference categories as early as January.  Such action would be required in an effort to hold number use within those FY 2020 annual limits.

 

 

**Copyright 2019 by Watson Immigration Law. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.