A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Thursday, September 24, 2020

October 2020 Visa Bulletin Highlights: India EB-3 Filing Date Advance 5 Years!



(UPDATE:   USCIS has decided to use Filing Date Chart for Employment-Based categories.  Hence, downgrading from EB-2 to EB-3 will be extremely beneficial for many Indian and Chinese applicants. )

Finally the October 2020 Visa Bulletin has been released last night.  

As expected, there is little or no movement at all with the Family-Based visa categories.

For Employment-Based categories, there are substantial movements in the Filing Dates Chart.  

  • EB-1:  China and India advanced 2 years and 2 months
  • EB-2: China advances 2 months; India 1 year and 9 months
  • EB-3:  China advances 1 year 1 month; India almost 5 years; Worldwide, Mexico, Philippines all current
Interestingly, the Final Action Date Charts have movements but not as substantial.  
  • EB-1:  China advances 3 months; India 3 months
  • EB-2 China advances 1.5 months; India 2 months
  • EB-3: China advances 4.5 months; India 3.5 months; Worldwide, Mexico, Philippines all current
  • EB-4: Unavailable for Religious Workers for all countries
  • EB-5 (Regional Centers): Unavailable for Religious Workers for all countries

It appears that although visa numbers are plentiful, the State Department does not want to advance the Final Action Dates as much. Instead, it allows USCIS to control the number of green card applications to accept.  If USCIS decided to accept more I-485 adjustment applications, it would choose to use the Filing Date Chart.  

Or, USCIS may choose to follow the Final Action Chart to curtail the number of adjustment applications due to  limitation of agency resources.  Anyhow, we should know the answer very soon. 

UPDATE:   USCIS has decided to use Filing Date Chart for Employment-Based categories.  Hence, downgrading from EB-2 to EB-3 will be extremely beneficial for many Indian and Chinese applicants. 

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