All About the November 2020 Visa Bulletin

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new November 2020 visa bulletin, including upcoming visa trends and predictions for family-sponsored and employment-based preference categories.

Want to know more? Keep on watching for more information

Overview

We are very excited about the new release of the November Visa Bulletin. Some exciting advancements have taken place for certain employment-based preference categories. However, visa issuance remains limited for most family-sponsored categories and at least some employment-based preference categories as discussed below.

Impact of April 22^nd Presidential Proclamation

As a reminder to our readers, most family-sponsored and some employment-based preference categories remain subject to President Trump’s April 22^nd presidential proclamation. This proclamation temporarily suspends the entry and issuance of visas for the following types of immigrants through December 31, 2020.

Spouses and children of green card holders (US citizens are not affected) applying at the consulate
Parents of US citizens applying at the consulate
Brothers and sisters of US citizens applying at the consulate
Sons and daughters (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
Sons and daughters (over 21 years of age) of green card holders applying at the consulate
EB1A extraordinary abilities and their family applying at the consulate
PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
PERM EB3 employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate

EB5 investors are not impacted by the April 22^nd proclamation.

Certain applicants may still obtain immigrant visas despite enforcement of the presidential proclamation if their entry is in the national interest or if they have a legitimate emergency.

Employment-Based Categories – Final Action Cut Off Dates

The State Department’s November Visa Bulletin, prescribes the following final action cutoff dates for issuance of an employment-based immigrant visa for those who are not impacted by the presidential proclamation:

EB-1: All countries except for China and India will remain current in November. China and India will advance by six months to December 1, 2018.
EB-2: China will advance by just over seven weeks to April 22, 2016, while India will advance by three weeks to September 22, 2009. All other countries will remain current.
EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance four months to October 1, 2017, and for India will advance one and a half months to March 1, 2010. All countries will remain current in November.
EB-5: Regional and non-Regional Center Programs will remain current for all countries except China and Vietnam. China will remain at August 15, 2015, while Vietnam will advance by two weeks to August 15, 2017.

Adjustment of Status Applicants residing in the US

For Employment-Based Preference Filings:

U.S. Citizenship and Immigration Services (USCIS) has announced that it will honor the State Department’s Dates for Filing chart for adjustment of status filings in November. To be eligible to file an employment-based adjustment application in November, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

For Family-Sponsored Filings:

Applicants in the F2A category may file using the Final Action Dates chart for November 2020.

Applicants in all other family-sponsored preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2020 for those not impacted by the proclamation.

Employment: Final Action cut-off dates for November 2020

EB-1

China: December 1, 2018

India: December 1, 2018

All other countries: Current

EB-2

China: April 22, 2016

India: September 22, 2009

All other countries: Current

EB-3 Professionals and Skilled Workers

China: October 1, 2017

India: March 1, 2010

All other countries: Current

EB-3 Other Workers

China: January 1, 2009

India: March 1, 2010

All other countries: Current

EB-4

El Salvador, Guatemala Honduras: November 1, 2017

Mexico: October 15, 2018

All other countries: Current

EB-5

China: August 15, 2015

Vietnam: August 15, 2017

All other countries: Current

Employment: Dates for Filing cut-off dates November 2020

EB-1

China: September 1, 2020

India: September 1, 2020

All other countries: Current

EB-2

China: October 1, 2016

India: May 15, 2011

All other countries: Current

EB-3 Professionals and Skilled Workers

China: June 1, 2018

India: January 1, 2015

All other countries: Current

EB-3 Other Workers

China: May 1, 2009

India: January 1, 2015

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

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