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Update to the October 2020 Visa Bulletin –A Deceivingly Slow Start to the New Fiscal Year

By Courtland C. Witherup on September 24, 2020
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UPDATE – In October, USCIS will accept I-485 applications based on the Department of State’s more favorable Dates for Filing chart. If the applicant’s priority date is before the date listed in the Dates for Filing chart for the applicable preference category and country of birth, an I-485 application can be filed.  However, the case will not be adjudicated until the applicant’s priority date is current based on the Final Action Dates chart.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the October Visa Bulletin, including Final Action Dates and changes from the previous month.

China: EB-1 advances three months to June 1, 2018; EB-2 moves forward six weeks to March 1, 2016; and EB-3 advances nearly five months to July 1, 2017.

India: EB-1 advances three months to June 1, 2018; EB-2 moves ahead two months to September 1, 2009; and EB-3 jumps forward three months to January 15, 2010.

All Other Countries: EB-1 and EB-2 remain current; EB-3 returns to current for the first time since February 2020.

NOTE 1:      The October Visa Bulletin predicts “rapid forward movement” across all categories and countries in the coming months.

NOTE 2:      Do not be fooled by the favorable dates listed in the Dates for Filing chart. USCIS has not yet announced if it will accept I-485 applications in October based on the Department of State’s Dates for Filing chart. The trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above. 

  • Posted in:
    Immigration
  • Blog:
    Business Immigration Insights
  • Organization:
    Hunton Andrews Kurth LLP

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