In the June 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 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, and for all countries, excluding China and India, in this month’s Dates for Filing chart.
The US Department of State has released its June 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 US Citizenship and Immigration Services (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 June 2020 must use the Final Action Dates chart below.
To be eligible to receive approval of a pending employment-based (EB) adjustment application in June 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) |
15AUG17 (was 15JUL17) |
C (no change) |
08JUN16 (was 01AUG15) |
C (no change) |
C (no change) |
C (no change) |
|
2nd |
C (no change) |
01NOV15 (was 01OCT15) |
C (no change) |
12JUN09 (was 02JUN09) |
C (no change) |
C (no change) |
C (no change) |
|
3rd |
08NOV17 (was 01JAN17) |
15JUN16 (was 15MAY16) |
08NOV17 (was 01JAN17) |
01APR09 (was 01MAR09) |
08NOV17 (was 01JAN17) |
08NOV17 (was 01JAN17) |
08NOV17 (was 01JAN17) |
|
Other Workers |
08NOV17 (was 01JAN17) |
15JUL08 (no change) |
08NOV17 (was 01JAN17) |
01APR09 (was 01MAR09) |
08NOV17 (was 01JAN17) |
08NOV17 (was 01JAN17) |
08NOV17 (was 01JAN17) |
On the Final Action Dates chart, the India EB-1 cutoff date advanced 10 months to June 8, 2016, and the EB-1 cutoff date for China advanced one month to August 15, 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 month to November 1, 2015. EB-2 India advanced 10 days to June 12, 2009. EB-2 dates for all other countries remain current.
EB-3 China advanced one month to June 15, 2016. EB-3 India advanced by one month to April 1, 2009.
EB-3 cutoff dates for Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all advanced approximately ten months to November 8, 2017.
To be eligible to file an EB adjustment of status application in June 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 which 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) |
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 |
01APR19 (was 01JAN19) |
01MAR17 (no change) |
01APR19 (was 01JAN19) |
01FEB10 (no change) |
01APR19 (was 01JAN19) |
01APR19 (was 01JAN19) |
01APR19 (was 01JAN19) |
|
Other Workers |
01APR19 (was 01JAN19) |
01AUG08 (no change) |
01APR19 (was 01JAN19) |
01FEB10 (no change) |
01APR19 (was 01JAN19) |
01APR19 (was 01JAN19) |
01APR19 (was 01JAN19) |
This month’s Dates for Filing chart did not advance, or retrogress, for any country in the EB-1 and EB-2 categories.
On June 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 June 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 all advanced three months to April 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