In the May 2020 Visa Bulletin issued by the US Department of State, EB-1 cutoff dates for Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed are once again current. EB-2 worldwide employment-based classifications, excluding China and India, also remain available and current. Once again, this month’s Dates for Filing Chart did not advance for any country or EB category.
The US Department of State has released its May 2020 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.
Each month, US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. This month, the USCIS will follow the Final Action Dates of Employment-Based Visa Applications chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with USCIS in May 2020 must use the Final Action Dates chart below.
To be eligible to receive approval of a pending EB adjustment application in May 2020, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.
|
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
C (was 01JUN19) |
15JUL17 (was 08JUN17) |
C (was 01JUN19) |
01AUG15 (was 01MAY15) |
C (was 01JUN19) |
C (was 01JUN19) |
C (was 01JUN19) |
|
2nd |
C (no change) |
01OCT15 (was 01SEP15) |
C (no change) |
02JUN09 (was 25MAY09) |
C (no change) |
C (no change) |
C (no change) |
|
3rd |
01JAN17 (no change) |
15MAY16 (was 15APR16) |
01JAN17 (no change) |
01MAR09 (was 22JAN09) |
01JAN17 (no change) |
01JAN17 (no change) |
01JAN17 (no change) |
|
Other Workers |
01JAN17 (no change) |
15JUL08 (was 01JUL08) |
01JAN17 (no change) |
01MAR09 (was 22JAN09) |
01JAN17 (no change) |
01JAN17 (no change) |
01JAN17 (no change) |
On the Final Action Dates chart, the India EB-1 cutoff date advanced three months to August 1, 2015, and the EB-1 cutoff date for China advanced approximately five weeks to July 15, 2017. Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all became current under EB-1.
The EB-2 China cutoff date advanced one month to October 1, 2015. EB-2 India advanced one week to June 2, 2009. EB-2 dates for all other countries remain current.
EB-3 China advanced one month to May 15, 2016. EB-3 India advanced by approximately five weeks to March 1, 2009. EB-3 cutoff dates for Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed saw zero movement and remain at January 1, 2017.
To be eligible to file an EB adjustment of status application in May 2020, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.
Note that since Vietnam is not listed on the Department of State’s Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates found in the All Chargeability Areas Except Those Listed column.
|
EB |
All Charge- |
China |
El Salvador, |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
C (no change) |
01OCT17 (no change) |
C (no change) |
15MAR17 (no change) |
C (no change) |
C (no change) |
C (no change) |
|
2nd |
C (no change) |
01AUG16 (no change) |
C (no change) |
01JUL09 (no change) |
C (no change) |
C (no change) |
C (no change) |
|
3rd |
01JAN19 (no change) |
01MAR17 (no change) |
01JAN19 (no change) |
01FEB10 (no change) |
01JAN19 (no change) |
01JAN19 (no change) |
01JAN19 (no change) |
|
Other Workers |
01JAN19 (no change) |
01AUG08 (no change) |
01JAN19 (no change) |
01FEB10 (no change) |
01JAN19 (no change) |
01JAN19 (no change) |
01JAN19 (no change) |
This month’s Dates for Filing chart did not advance, or retrogress, for any country or EB category.
On May 2020’s Dates for Filing chart, the India EB-1 cutoff date remains at March 15, 2017. EB-1 China remains at October 1, 2017. EB-1 dates for El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam, and All Chargeability Areas Except Those Listed remain current.
EB-2 China remains at August 1, 2016. EB-2 India remains at July 1, 2009. EB-2 categories for All Chargeability Areas, El Salvador, Guatemala, Honduras, Mexico, Philippines, and Vietnam all remain current for May 2020.
The EB-3 cutoff date for China remains at March 1, 2017, and the EB-3 cutoff for India remains at February 1, 2010. EB-3 categories for All Chargeability Areas, El Salvador, Guatemala, Honduras, Mexico, Philippines, and Vietnam remain at January 1, 2019.
If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:
Washington, DC
Shannon A. Donnelly
Eleanor Pelta
Eric S. Bord
Miami
Laura C. Garvin