The USCIS will use the Dates for Filing chart, with significant advancement in EB-3, especially for persons chargeable to India, while all Rest-of-the-World EB categories are now current.

The US Department of State has released its October 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.

WHAT DOES THE OCTOBER 2020 VISA BULLETIN SAY?

The bulletin includes both 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, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.

Each month, the US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. This month, the USCIS will follow the later “Dates for Filing” for 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 October 2020 may use the Dates for Filing chart below.

DATES FOR FILING CUTOFF DATES

To be eligible to file an employment-based (EB) adjustment application in October 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.

COMMENTS

The highlight of the October Visa Bulletin is obviously the significant advancement in EB-3 cutoff dates, especially for persons chargeable to India, whose cutoff date has moved from October 1, 2009, to January 1, 2015. It is also noteworthy that the EB-3 cutoff dates for persons chargeable to India and China are now later than the EB-2 cutoff dates for persons chargeable to these countries. A person with an approved EB-2 petition may “downgrade” to the EB-3 category and receive the benefit of the later cutoff date by filing a new I-140 petition in the EB-3 category. It is expected that there will be a large volume of Adjustment of Status applications filed in October by persons whose previously backlogged cutoff dates have now become current and by persons who choose to downgrade to the EB-3 category. Cutoff dates for persons chargeable to the Rest of the World allocation are now current, regardless of EB category. This means that all persons chargeable to this allocation may file adjustment status applications in October. This will also significantly increase the volume of such applications received by the USCIS.

The volume of adjustment applications received in October make it likely that cutoff dates will retrogress in November, with the result that a number of persons who were eligible to file adjustment of status applications in October will no longer be able to do so in November when and if their priority dates are no longer current. Persons who are eligible to file adjustment of status applications because of the forward movement of cutoff dates are strongly encouraged to do so during the limited window for filing in October. Adjustment of status applicants whose applications are pending may continue to receive the benefits of such applications, including Employment Authorization Documents and Advance Parole authorizations even if their priority dates are no longer current.

The Morgan Lewis immigration team is in the process of identifying individuals who may become eligible for adjustment of status filings in October, and will be reaching out to these individuals to initiate the process for them and their families.

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