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Final Action Dates Advance in Most Employment-Based Visa Categories in the November 2020 Visa Bulletin While USCIS Announces it Will Honor Largely Unchanged Dates for Filing

By: Gladys Gervacio and Mojgan Hosseinzadeh

Final Action Dates have advanced in most employment-based green card categories in the US State Department’s November 2020 Visa Bulletin. United States Citizenship and Immigration Services (USCIS) will continue to honor the Dates for Filing chart for employment-based cases in November 2020, whose cutoff dates are predominantly the same since it was released.

Most notable changes to final action dates

  • EB-1: China and India will advance six months to December 1, 2018. All other countries remain current.
  • EB-2: China will advance more than seven weeks to April 22, 2016, while India will move forward three weeks to September 22, 2009. All other countries are current.
  • EB-3: China will progress four months to October 1, 2017. India’s dates will advance one and a half months to March 1, 2010. Other countries remain current.
  • EB-5: Vietnam will progress by two weeks to August 15, 2017. All other countries are current, except China, which remains at August 15, 2015.

who is eligible to file for employment-based adjustment of status

USCIS will honor the Dates for Filing chart (Chart B) from the US State Department for employment-based adjustment of status in November 2020. Individuals are eligible to adjust status if their priority date is earlier than the cutoff date for their country and preference category.

Employers may file the I-485, Application to Register Permanent Residence for individuals whose priority date is before the cutoff date based on the Final Action Dates chart. However, applications will remain pending until an individual’s priority date is current on the chart used by USCIS. While green card applications are pending, individuals are eligible to apply for Employment Authorization Documents (EAD) to work in the United States and advance parole for international travel.

For the second consecutive month, USCIS has decided to honor the Dates for Filing chart instead of the Final Action Date chart. In October, the Dates for Filing chart advanced significantly, specifically for EB-2 and EB-3 preference categories for China and India. This made many new applicants eligible to adjust status. USCIS confirms that they will accept these filings through the end of November at least.

presidential proclamation limits issuance of certain new visas

President Trump’s April 22, 2020 presidential proclamation remains in effect until December 31, 2020. The proclamation limits the ability of certain foreign nationals to obtain an employment-based green card at US consulates abroad.

dates for filing cutoff dates for november 2020

EB-1:

EB-2:

  • India: May 15, 2011 
  • China: October 1, 2016
  • All other countries: Current  

EB-3 (Professionals and Skilled Workers):

  • India: January 1, 2015
  • China: June 1, 2018
  • All other countries: Current

EB-3 (Other Workers):

  • India: January 1, 2015
  • China: May 1, 2009
  • All other countries: Current

EB-4:

  • El Salvador, Guatemala, Honduras: February 1, 2018
  • All other countries: Current

EB-5:

  • China: December 15, 2015
  • All other countries: Current

conclusion

For help with adjustment of status filings, or to answer any questions related to employment-based green cards, please contact your trusted Chugh, LLP attorney.

Disclaimer

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