April 2020 Visa Bulletin – EB-2 ROW Retrogression Anticipated; FB-2A Remains Current

The U.S. State Department has just released the April 2020 Visa Bulletin which is the seventh Visa Bulletin for the FY2020 fiscal year. The headline in the upcoming month’s Visa Bulletin is the lack of much forward movement and the anticipated upcoming EB-2 ROW cutoff date. FB-2A remains current for I-485 AOS filings.

Summary of the April 2020 Visa Bulletin – Employment-Based (EB)

EB Category Apr 2020 Mar 2020 Change
Employment Application Final Action Dates (determines when an I-485 or IV can be approved)
EB-1 ROW, MX, PH Jun 1, 2019 Mar 1, 2019 Forward by 3 months
EB-1 India May 1, 2015 Mar 1, 2015 Forward by 2 months
EB-1 China Jun 8, 2017 Jun 1, 2017 Forward by 1 week
EB-2 ROW, MX, PH Current Current No change
EB-2 India May 25, 2009 May 22, 2009 Forward by 3 days
EB-2 China Sep 1, 2015 Aug 15, 2015 Forward by 2 weeks
EB-3 ROW January 1, 2017 January 1, 2017 No change
EB-3 India Jan 22, 2009 Jan 15, 2009 Forward by 1 week
EB-3 China Apr 15, 2016 Mar 22, 2016 Forward by 3 weeks
EB-3 Mexico January 1, 2017 January 1, 2017 No change
EB-3 Philippines Jan 1, 2017 Jan 1, 2017 No change
Dates for Filing Employment Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
EB-1 ROW, MX, PH Current Current No change
EB-1 India Mar 15, 2017 Mar 15, 2017 No change
EB-1 China Oct 1, 2017 Oct 1, 2017 No change
EB-2 ROW, MX, PH Current Current No change
EB-2 India Jul 1, 2009 Jul 1, 2009 No change
EB-2 China Aug 1, 2016 Aug 1, 2016 No change
EB-3 ROW Jan 1, 2019 Jan 1, 2019 No change
EB-3 India Feb 1, 2010 Feb 1, 2010 No change
EB-3 China Mar 1, 2017 Mar 1, 2017 No change
EB-3 Mexico Jan 1, 2019 Jan 1, 2019 No change
EB-3 Philippines Jan 1, 2019 Jan 1, 2019 No change

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Summary of the April 2020 Visa Bulletin – Family-Based (FB)

FB Category Apr 2020 Mar 2020 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Jan 1, 2014 Oct 8, 2013 Forward by 2.5 months
FB-1 Mexico Sep 22, 1997 Sep 15, 1997 Forward by 1 week
FB-1 Philippines Mar 1, 2010 Sep 1, 2009 Forward by 6 months
FB-2A ROW, China, India, Philippines Current Current No change
FB-2A Mexico Current Current No change
Dates for Filing Family Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
FB-1 ROW, China, India Sep 1, 2014 Jun 8, 2014 Forward by 2.5 months
FB-1 Mexico Dec 1, 1999 Nov 22, 1999 Forward by 1 week
FB-1 Philippines Nov 1, 2010 May 1, 2010 Forward by 6 months
FB-2A ROW, China, India, Philippines Feb 1, 2020 Jan 1, 2020 Forward by 1 month
FB-2A Mexico Feb 1, 2020 Jan 1, 2020 Forward by 1 month

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

EB-3 ROW Cutoff Date Introduced; EB-2 ROW Cutoff Expected Later in Fiscal Year

The Department of State has advised that there has been a steadily increasing level of demand for adjustment of status cases filed with USCIS and that this demand has causing them to introduce a cutoff date for EB-3 ROW in March 2020. This means that no new EB-3 I-485 applications will be allowed unless the priority date is earlier than January 1, 2017. It is expected that this cutoff date will remain for the remainder of the fiscal year (ends on September 30, 2020).

DOS further alerts that if demand in EB-2 ROW persists then a cutoff date will be introduced for final action dates in the EB-2 ROW in the coming months.

As a result, we urge applicants, especially under EB-2 who are eligible to file I-485 to do so as soon as possible over the coming month or two before cutoff dates are introduced.   Applicants who have pending I-485 with outstanding items such as RFEs should consider clearing any such outstanding items in order to hope to get an approval before the introduction of cutoff dates can delay the case decision.

FB-2A Remains Current for All Countries But Not For Much Longer – Opportunity to File I-485 Adjustment of Status (Assuming USCIS Will Allow It)

The Family-based Second Preference (FB-2A) category remains “Current” for March.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.     It should be noted that the the Department of State is confirming that FB-2A will not remain Current for much longer and a cutoff date and a retrogression is expected over the next few months.

FB-2A category is for “Spouses and Children (generally under 21 years of age) of Permanent Residents”

This means that FB-2A applicants, especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in the event there is a cutoff date introduced in the following month’s Visa Bulletin.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    So this is an opportunity to file I-485 not only for existing but also for new FB-2A cases.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Current Date?

Our office stands ready to assist in the applicable process to take advantage of the significant restructuring in the way the cutoff dates are determined and published.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the April 2020 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

By | Last Updated: March 19th, 2020| Categories: Articles, News, News Alert, Visa Bulletin|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.