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Update: October 2020 Visa Bulletin – USCIS Will Accept Adjustment of Status Applications Based on “Dates for Filing” Chart

On September 24, 2020, USCIS announced on its website that it will follow the Dates for Filing Chart in the Department of State Visa Bulletin for October 2020 for all employment-based preference categories. 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. As described in our prior alert, the priority dates advanced significantly for most employment-based preference categories.

Most individuals filing under the Dates for Filing Chart will be able to obtain interim immigration benefits including an Employment Authorization Document (“EAD”) and an Advance Parole travel document; however, these green card applications will not be adjudicated and approved until the priority date becomes current under the Final Action Chart. 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.

This is welcome news to many individuals who have been unable to move forward with their permanent residence applications due to lengthy backlogs in the green card quotas. The ability to obtain an EAD and Advance Parole is a significant benefit, given the limited availability of visa appointments at U.S. Consular Posts, and the current climate at USCIS where it can be difficult to extend existing nonimmigrant visa status.

The Dates for Filing Chart indicates the following cut-off dates for the EB-1, EB-2, EB-3, and Other Worker employment-based categories:

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

EB-2: India will advance by 21 months to May 15, 2011 and China will advance 2 months to October 1, 2016. All other countries remain current.

EB-3: India will advance 5 years to January 1, 2015 and China will advance 13 months to June 1, 2018. All Chargeability category will become current.

Other workers: India will advance 5 years to January 1, 2015 and China will remain the same. All Chargeability category will be current.

©1994-2020 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume X, Number 272
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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
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