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October 2020 Visa Bulletin: Significant Advancement for Most Employment-Based Categories

The U.S. Department of State has announced the per-country priority date cut-offs for the October 2020 Visa Bulletin. The monthly visa bulletins indicate who may file an Adjustment of Status application based on their “priority date”—the date when an application for PERM Labor Certification was filed to the Department of Labor, or the date that an I-140 petition was filed to USCIS where a PERM filing was not required. As explained below, the Visa Bulletin provides two separate charts for priority dates, called “Final Action” and “Dates for Filing.”

The dates in the Visa Bulletin determine if an individual may file a Form I-485 Adjustment of Status application (“green card” application) to USCIS. In order to be eligible to file, the individual’s priority date must be earlier than the date listed in the Visa Bulletin. The sections that are current, notated by a “C,” indicate that all applications can be filed regardless of priority date. As expected given the commencement of the new government fiscal year on October 1st, there has been forward movement in many categories due to the new allocation of immigrant visa numbers. Most significantly, the EB-3 “All Chargeability” category will become current for both charts; and the EB-1, EB-2 and EB-3 preference categories for individuals born in India advance by at least two years and up to nearly five years under the Dates for Filing chart.

USCIS will announce on its website in the coming days whether they will accept the Final Action or the Dates for Filing Chart. The Final Action Chart designates which I-485 filings may be adjudicated and approved by USCIS; and the Dates for Filing Chart designates which I-485 applications may be filed in the month of October to obtain further immigration benefits. Given the significant movement in the Dates for Filing chart, we will provide an update as soon as USCIS makes their announcement.

The cut-off dates for the employment-based categories will be as follows:

Final Action Dates:

EB-1: Both China and India will advance by three months to June 1, 2018. All other countries remain current.

EB-2: China and India will both advance by 2 months. All other countries remain current.

EB-3: All Chargeability category will become current. China will advance by 5 months to July 1, 2017 and India will advance by 3.5 months to January 15, 2010.

Other workers: China will advance by 4 months to December 1, 2008 and India will advance by 3.5 months to January 15, 2010. All remaining categories will be current.

Dates for Filing:

EB-1: Both China and India will advance significantly to September 1, 2020. All other countries remain current.

EB-2: India will advance significantly to May 15, 2011. China will advance by 2 months. All other countries remain current.

EB-3: All Chargeability category will become current. India will advance significantly to January 1, 2015 and China will advance significantly to June 1, 2018.

Other workers: China will remain the same and India will advance significantly to January 15, 2015. All remaining categories will be current.

©1994-2020 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume X, Number 268

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About this Author

Danielle A. Porter Practice Group Associate Boston
Associate

Danielle provides immigration advice and legal strategy to corporate human resources and global mobility teams in a variety of sectors, including information technology, management consulting and financial services.  

Prior to joining Mintz, Danielle was a business immigration staff attorney in the Boston office of an international law firm, where she handled NIV and IV applications and petitions, including AOS, I-140, PERM, H-1B, L-1, TN, E-3, H-1B1, and F-1 OPT, and provided legal analysis and comprehensive responses to government inquiries, including Requests for Evidence.

617-348-3053
John Quill Immigration Attorney Mintz Levin
Member / Chair, Immigration Practice

John’s practice encompasses all aspects of immigration and nationality law. John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization. John has distinguished himself in the use of legal operations and technology to streamline practices and develop innovative solutions to challenging legal and case production issues. He represents clients in a wide variety of industries, including biotechnology, FinTech, hospitals & health systems, insurance, financial services, retailers, education, consulting, and staffing services.

Prior to joining Mintz, John was a partner in the business immigration group of an international law firm. Earlier, he was an immigration attorney at a Boston-based law firm.

In addition to his practice, John is a frequent panelist at seminars on immigration topics, and he regularly writes articles about business immigration. He has also served as co-chair of American Immigration Lawyers Association regional conferences.

617.348.4401