In the July 2020 Visa Bulletin issued by the US Department of State, India’s EB-1 cutoff dates advanced by over four months (Dates for Filing chart) to nearly a year (Final Action Dates chart). EB-1 cutoff dates for Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed remain current. EB-2 worldwide employment-based classifications, excluding China and India, also remain available and current. EB-3 dates advanced forward for all countries under this month’s Final Action Dates chart.
The US Department of State has released its July 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, the 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 July 2020 must use the Final Action Dates chart below.
To be eligible to receive approval of a pending employment-based (EB) adjustment application in July 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 (no change) |
22AUG17 (was 15AUG17) |
C (no change) |
08MAY17 (was 08JUN16) |
C (no change) |
C (no change) |
C (no change) |
|
2nd |
C (no change) |
08NOV15 (was 01NOV15) |
C (no change) |
08JUL09 (was 12JUN09) |
C (no change) |
C (no change) |
C (no change) |
|
3rd |
15APR18 (was 08NOV17) |
22JUN16 (was 15JUN16) |
15APR18 (was 08NOV17) |
01JUN09 (was 01APR09) |
15APR18 (was 08NOV17) |
15APR18 (was 08NOV17 ) |
15APR18 (was 08NOV17) |
|
Other Workers |
15APR18 (was 08NOV17) |
22JUL08 (was 15JUL08) |
15APR18 (was 08NOV17) |
01JUN09 (was 01APR09) |
15APR18 (was 08NOV17) |
15APR18 (was 08NOV17) |
15APR18 (was 08NOV17) |
On the Final Action Dates chart, the India EB-1 cutoff date advanced 11 months to May 8, 2017, and the EB-1 cutoff date for China advanced one week to August 22, 2017. Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all remain current under EB-1.
The EB-2 China cutoff date advanced one week to November 8, 2015. EB-2 India advanced nearly a month to July 8, 2009. EB-2 dates for all other countries remain current.
EB-3 China advanced one week to June 22, 2016. EB-3 India advanced by two months to June 1, 2009.
EB-3 cutoff dates for Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all advanced approximately five months to April 15, 2018.
To be eligible to file an EB adjustment of status application in July 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 application.
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) |
01NOV17 (was 01OCT17) |
C (no change) |
01AUG17 (was 15MAR17) |
C (no change) |
C (no change) |
C (no change) |
|
2nd |
C (no change) |
01AUG16 (no change) |
C (no change) |
15AUG09 (was 01JUL09) |
C (no change) |
C (no change) |
C (no change) |
|
3rd |
01APR19 (no change) |
01MAR17 (no change) |
01APR19 (no change) |
01FEB10 (no change) |
01APR19 (no change) |
01APR19 (no change) |
01APR19 (no change) |
|
Other Workers |
01APR19 (no change) |
01AUG08 (no change) |
01APR19 (no change) |
01FEB10 (no change) |
01APR19 (no change) |
01APR19 (no change) |
01APR19 (no change) |
On July 2020’s Dates for Filing chart, the India EB-1 cutoff date advanced more than four months to August 1, 2017. EB-1 China advanced by one month to November 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 advanced six weeks to August 15, 2009. EB-2 categories for All Chargeability Areas, El Salvador, Guatemala, Honduras, Mexico, Philippines, and Vietnam all remain current for July 2020.
This month’s Dates for Filing chart did not advance, or retrogress, for any country in the EB-3 or Other Workers categories.
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