November Visa Bulletin Advances

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

For November 2020, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing Applications” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This provides significant advancement in nearly all preference categories. This means that those who filed an 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 there was significant movement for China and India in the EB-1 preference category, resulting in many applicants from those countries filing Form I-485 to apply for permanent residency.  That activity will continue in November where the category remains current and 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 be June 1, 2018 and January 1, 2015, respectively.   

Because of the difference in dates on the two 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.

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