After much delay and anticipation, the October 2020 Visa Bulletin was released this morning. Most of the employment based categories saw very significant forward movement, including, but not limited to, EB1 China and EB1 India. This was somewhat expected due to the decreased demand for visa numbers as a result of COVID and the closure/reduced capacity of embassies and consulates abroad, but this level of advancement in those categories comes as a very pleasant surprise. The amount of available employment-based visa numbers this fiscal year is expected to be an all-time high, so more forward movement in the coming months can also be anticipated.
Each month, USCIS indicates which chart (Final Action Dates or Dates for Filing) may be used by applicants filing for their greencards. No word yet on which charts are to be used for October, but if it is the latter, it will be fantastic news for a great many people. We will be monitoring the situation closely and will inform our affected clients and readers as soon as we get confirmation.
Commentary:
October 2020
For all countries except India, China, Philippines, and Mexico: F2A category priority date remains current, F2B preference remains at a PD of 8 July 2015, F4 category remains at 22 September 2006; EB1 remains current; EB2 remains current; and EB3 is now current.
For India only: F2A category remains current, F2B preference remains at 8 July 2015, F4 remains at a PD of 8 March 2005; EB1 advances 92 days to a PD of 1 June 2018; EB2 advances 55 days to 1 September 2009; EB3 advances 106 days to a PD of 15 January 2010; EB5 Non-Regional Center remains current whereas the Regional Center is now unavailable.
For China only: EB1 advances 92 days to a PD of 1 June 2018; EB2 advances 46 days to a PD of 1 March 2016; EB3 advances 136 days to a PD of 1 July 2017; EB5 Non-Regional Center remains at a PD of 15 August 2015 whereas the Regional Center is now unavailable.
For Vietnam only: EB5 Non-Regional Center remains at a PD of 1 August 2017 whereas the Regional Center is now unavailable.
Can file your immigrant applications if PD before:
F2A 1 August 2020; F2B 1 May 2016 for All Areas, except 1 December 1999 for Mexico and 1 April 2012 for Philippines; F4 15 September 2007 for All Areas, except 22 November 2005 for India, 22 April 1999 for Mexico, and 1 September 2002 for Philippines.
EB1 Current for all countries, except 1 September 2020 for China and 1 September 2020 for India, representing an advance of 793 days (2 years, 2 months); EB2 All countries except India and China are current; EB3 Current for all countries except India, China, and Philippines; EB2 India advances 638 days (1 year, 9 months) to 15 May 2011; EB3 India advances 1,795 days (4 years, 11 months) to 1 January 2015; EB2 China advances 61 days to 1 October 2016; EB3 China advances 396 days (1 year, 1 month) to 1 June 2018; EB5 China (RC and Non-RC) remains at 15 December 2015; Vietnam is not individually listed and should use the all countries category.
Notes copied from the Department of State regarding Visa availability:
D. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
E. MOVEMENT OF THE OCTOBER FINAL ACTION AND APPLICATION FILING DATES
Family-sponsored: Final Action Dates movement during the past six months focused on two goals: 1) to allow number use to be maximized should it become possible to return to normal visa processing levels at some point prior to the end of the fiscal year, and 2) to encourage applicants to continue acting on their cases in a timely manner to support long-term recovery from the suspension of routine services. This movement ensured sufficient demand would be available for adjudication throughout FY 2021 under a resumption of full operational status.
VO learned during October 2020 date determination, that movement of final action dates in the previous six months combined with the global suspension of routine visa services resulted in enough accumulated demand to fully utilize the numbers normally made available during the first quarter of the fiscal year. Therefore, no date movement is required at this time. VO will closely monitor the situation in the early months of the fiscal year.
Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500. Adjustment of status applications filed early in FY 2021 are most likely to be adjudicated during the upcoming fiscal year.
F. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Up to three weeks
F2A: Current
F2B: Up to three weeks
F3: Up to two weeks
F4: Up to one week
EMPLOYMENT-based categories (potential monthly movement)
Employment First:
WORLDWIDE: Current
China: Rapid forward movement
India: Rapid forward movement
Employment Second:
Worldwide: Current
China: Rapid forward movement
India: Rapid forward movement
Employment Third:
Worldwide: Current
China: Rapid forward movement
India: Rapid forward movement
Mexico: Current
Philippines: Likely to remain at the Worldwide date
Employment Third – Other Workers:
Worldwide: Current
China: Steady forward movement
Employment Fourth: Current for most countries
El Salvador, Guatemala, and Honduras: Steady forward movement
Mexico: Steady forward movement
Employment Fifth: The category will remain “Current” for most countries
China: No forward movement
Vietnam: Limited forward movement
The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.
G. SCHEDULED EXPIRATION OF TWO EMPLOYMENT CATEGORIES
Employment Fourth Preference Certain Religious Workers (SR):
Pursuant to Section 102 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94), the non-minister special immigrant program expires on September 30, 2020. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2020. Visas issued prior to this date will only be issued with a validity date of September 29, 2020, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight September 29, 2020.
The final action date for this category has been listed as “Unavailable” for October.
If there is legislative action extending this category for FY-2021, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action date and Mexico which would be subject to a September 1, 2018 final action date.
Employment Fifth Preference Categories (I5 and R5):
Section 104 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94) extended this immigrant investor pilot program until September 30, 2020. The I5 and R5 visas may be issued until close of business on September 30, 2020, 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 September 30, 2020.
The final action dates for the I5 and R5 categories have been listed as “Unavailable” for October.
If there is legislative action extending them for FY-2021, the final action dates would immediately become “Current” for October for all countries except China-mainland born I5 and R5 which would be subject to an August 15, 2015 final action date and Vietnam I5 and R5 which would be subject to an August 1, 2017 final action date.
Notes from Tahmina:
In light of the No-RFE memo as well the NTA memos, it is important that those waiting to receive their greencards maintain their underlying visa status.
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