The October 2020 Visa Bulletin Update - Good News!
The visa bulletin was late this month but it finally arrived last week bearing some good news. Notably, the priority dates advanced significantly for most employment-based preference categories.
The visa bulletin can be tricky to read as it includes both Dates for Filing Visa Applications chart and an Application Final Action Dates chart. USCIS makes its decision regarding which of these charts it will follow on a monthly basis. The Dates for Filing chart indicates when exactly intending immigrants may file their applications for adjustments of status or immigrant visas, and the Final Action chart indicates when adjustment of status applications or immigrant visa applications may be approved and or green cards may be issued from within the United States.
For the month of October 2020, USCIS is following the “Dates for Filing” chart for Employment-Based Visa Applications for employment-based (EB) filings for adjustment of status from within the United States. The EB Dates for Filing updates are as follows:
#1 - EB-1 First Preference (includes Extraordinary Ability, Outstanding Professors and Researchers, & Certain Multinational manager or executives):
Both China and India significantly advanced to September 1, 2020. All other countries remain current.
#2 - EB-2 Second Preference (includes Advanced Degree, Exceptional Ability, National Interest Waiver:
Dates for India advanced to May 15, 2011 (a 20 month change). Dates for China advanced to October 1, 2016 (a 2 month change). All other countries remain current.
#3 - EB-3 Third Preference (includes Skilled Workers, Professionals, Unskilled Workers.
Dates for India advanced to January 1, 2015 (a 5 year change). Dates for China advanced to June 1, 2018 (a 13 month change). For “Other Workers”, China’s Dates have not changed. All other countries changed to current.
These changes are significant as they not only will allow many more foreign nationals to obtain green cards based on their EB petitions, these foreign nationals will be able to obtain an important “2-in-1” permit card while their adjustment of status application is pending: the combined EAD (Employment Authorization Document) and Advance Parole document. This is a significant benefit and safety net for applicants - especially as USCIS is making it increasingly difficult to extend existing nonimmigrant visa status and H-4 applicants are experiencing very consequential delays in adjudication.
Foreign nationals should keep in mind that these significant advancements in dates for Indian and Chinese nationals will likely significantly increase the volume of adjustment applications received by the USCIS. This may lead to a retrogression of filing dates in November 2020, meaning foreign nationals that are able to file in October 2020 may not be able to file next month. Foreign Nationals that are able to file under the October 2020 visa bulletin should file as soon as possible during this limited filing window.
