May 2020 Visa Bulletin – EB-1 ROW Current; Possible Acceleration of Forward Movement Over Next Several Months

The U.S. State Department has just released the May 2020 Visa Bulletin which is the eighth Visa Bulletin for the FY2020 fiscal year. The headline in the upcoming month’s Visa Bulletin is the fact that EB-1 ROW is back to “Current” and the cautious signs of increased pace of forward movement in some other categories.

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

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 May 2020 Visa Bulletin – Family-Based (FB)

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 Possible 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 caused 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.

The Coronavirus/Covid-19 Impact on Visa Numbers?

As our clients and readers are aware, USCIS field offices have been closed and will remain closed until at least June 4 as a result of the coronavirus pandemic closures. Similarly, U.S. Consulates abroad have been closed for most services as well. This means that no new visa numbers are being used by the field offices and consulates although visa numbers are being used by service centers which continue to process cases.

Additionally, we are likely to see a drop off in the demand for visa numbers as a result of the worsening economic conditions as some employers and immigrant applicants delay or pull back their applications.

The result? It is possible that we may see faster forward movements over the next several months. The May 2020 Visa Bulletin indicates faster forward movement trends in certain categories and it is possible that such forward movement will accelerate in the coming months.

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 May 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.