November Visa Bulletin update: No change in key categories following dramatic forward movement this month

29 Oct 20

UNITED STATES

The State Department released the November Visa Bulletin Thursday, showing no movement to priority-date cutoffs in key employment-based categories. U.S. Citizenship and Immigration Services confirmed that it will follow the State Department’s Dates for Filing chart to determine filing eligibility next month.

Priority-date cutoffs advanced dramatically in October, making a huge number of immigrant visa applicants newly eligible to apply for adjustment of status (green cards). The lack of movement in November means that anyone who was eligible to apply for employment-based adjustment of status this month will again be eligible to do so next month.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Sept. 1, 2020 Current Sept. 1, 2020 Current Current
EB-2 Current Oct. 1, 2016 Current May 15, 2011 Current Current
EB-3 Current June 1, 2018 Current Jan. 1, 2015 Current Current

Additional Information: USCIS confirmed that it will also use Dates for Filing for family-based applicants, except for F2A category applicants, who may use Final Action Dates.

BAL Analysis: The lack of retrogression—or backward movement—in priority-date cutoffs next month following the dramatic forward movement in October is welcome news. BAL has submitted adjustment-of-status applications on behalf of thousands of immigrant visa applicants this month and will continue to work closely with employers and employees on adjustment-of-status applications in the weeks and months ahead.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.

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