December Visa Bulletin Continues to Advance but Announces Scheduled Expiration of Two Employment Visa Categories

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories for family-based and employment-based immigration and states whether or not a backlog exists for each one.  In addition, the immigration categories are then placed into two charts: a “Final Action” chart and a “Dates for Filing” chart.    

For December 2020, USCIS has indicated that for Employment-Based (EB) immigration, the “Dates for Filing Applications” chart should be used in establishing eligibility to file the I-485 Adjustment of Status (“green card”) applications. This provides significant advancement in nearly all EB preference categories. This means that those who filed an EB Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin are able to file for permanent resident status [Form I-485]. 

Last month saw significant movement for China and India in the EB-1 preference category, which advanced to November 1, 2020, resulting in many applicants from those countries filing Form I-485 to apply for permanent residency.  That activity will continue in December where the category remains current, but it is unclear for how long that trend will continue.

The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file Form I-485 applications. China and India have held at October 1, 2016 and May 15, 2011, respectively.   

The EB-3 preference category is now “current” for all countries other than China and India which means that individuals in these categories may also immediately file Form I-485 applications. China and India continue to hold at June 1, 2018 and January 1, 2014, respectively.   

Because of the difference in dates between the Filing and Final charts, Form I-485 applications filed now may be pending for lengthy periods of time; however, the opportunity to file the I-485 applications is available now. There are substantial benefits for some in applying sooner rather than later including employment authorization for dependents and the ability to travel internationally on Advance Parole instead of continually applying for visas at U.S. Embassies.

Furthermore, December Visa Bulletin announced the expiration of both the Employment Fourth Preference Certain Religious Workers (SR) and Employment Fifth Preference Pilot (I5 and R5) Categories on December 11, 2020. If there is legislative action extending these categories, the December dates would be applied for the entire month. If there is no legislative action extending this category, the category will become “Unavailable” effective midnight December 10, 2020. This issue is common due to the need for Congress to reauthorize these programs annually, typically as part of budget discussions.

If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys (info@iandoli.com).