October 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 “Filing” chart for Family-Based immigration and Employment-Based immigration.

For October 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]. 

While the EB-1 preference category for all countries is current, there was significant movement for China and India, advancing to September 1, 2020, meaning that those applicants whoseI-140 was filed on or before that date are able to file I-485 to apply for permanent residency.

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 I-485 applications. China and India have advanced to 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 I-485 applications. China and India have advanced to June 1, 2018 and January 1, 2015, respectively.   

Because of the difference in dates on the two charts, 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. 

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