EB-1 advances by three weeks for China and India. All others remain unchanged.
The US Department of State has released its September 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. We do not yet know which chart the USCIS will follow for the month of September.
To be eligible to receive approval of a pending employment-based (EB) adjustment application in September 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 |
01MAR18 (was 08FEB18) |
C |
01MAR18 (was 08FEB18) |
C |
C |
C |
|
2nd |
C |
15JAN16 |
C |
08JUL09 |
C |
C |
C |
|
3rd |
01APR19 |
15FEB17 |
01APR19 |
01OCT09 |
01APR19 |
01APR19 |
01APR19 |
|
Other Workers |
01APR19 |
01AUG08 |
01APR19 |
01OCT09 |
01APR19 |
01APR19 |
01APR19 |
On the Final Action Dates chart, the China and India EB-1 cutoff dates advanced by a mere three weeks, to March 1, 2018. Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all remain current under EB-1.
No other cutoff dates changed in either the EB-2 or EB-3 categories. EB-2 China cutoff dates remain at January 15, 2016, and EB-2 India cutoff dates remain at July 8, 2009. All other EB-2 categories remain Current in September.
To be eligible to file an EB adjustment of status application in September 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 |
01JUL18 |
C |
01JUL18 |
C |
C |
C |
|
2nd |
C |
01AUG16 |
C |
15AUG09 |
C |
C |
C |
|
3rd |
01APR20 |
01MAY17 |
01APR20 |
01FEB10 |
01APR20 |
01APR20 |
01APR20 |
|
Other Workers |
01APR20 |
01OCT08 |
01APR20 |
01FEB10 |
01APR20 |
01APR20 |
01APR20 |
The September 2020 Dates for Filing Chart cutoff dates remain unchanged from the August 2020 chart.
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