In the April 2020 Visa Bulletin issued by the US Department of State, EB-2 worldwide employment-based classifications, excluding China and India, remain available and current. Once again, the Dates for Filing chart did not advance for any country or employment-based category.
The US Department of State has released its April 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; 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, 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 April 2020 must use the Final Action Dates chart below.
To be eligible to receive approval of a pending EB adjustment application in April 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 |
01JUN19 (was 01MAR19) |
08JUN17 (was 01JUN17) |
01JUN19 (was 01MAR19) |
01MAY15 (was 01MAR15) |
01JUN19 (was 01MAR19) |
01JUN19 (was 01MAR19) |
01JUN19 (was 01MAR19) |
|
2nd |
C (no change) |
01SEP15 (was 15AUG15) |
C (no change) |
25MAY09 (was 22MAY09) |
C (no change) |
C (no change) |
C (no change) |
|
3rd |
01JAN17 (no change) |
15APR16 (was 22MAR16) |
01JAN17 (no change) |
22JAN09 (was 15JAN09) |
01JAN17 (no change) |
01JAN17 (no change) |
01JAN17 (no change) |
|
Other Workers |
01JAN17 (no change) |
01JUL08 (was 01JUN08) |
01JAN17 (no change) |
22JAN09 (was 15JAN09) |
01JAN17 (no change) |
01JAN17 (no change) |
01JAN17 (no change) |
On the Final Action Dates chart, the India EB-1 cutoff date advanced two months to May 1, 2015, and the EB-1 cutoff date for China advanced one week to June 8, 2017. Mexico, Philippines, Vietnam, El Salvador, Guatemala, Honduras, and All Chargeability Areas Except Those Listed all saw modest movement in the EB-1 category, with each country advancing by three months to June 1, 2019.
The EB-2 China cutoff date advanced two weeks to September 1, 2015. EB-2 India advanced by just three days to May 25, 2009. EB-2 dates for all other countries remain current.
EB-3 China advanced approximately three weeks to April 16, 2016. EB-3 India advanced by one week to January 22, 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 April 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 State Department’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 the 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 April 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