June 2021 Visa Bulletin – Continued Forward Movement for EB India

The U.S. State Department has just released the June 2021 Visa Bulletin which is the ninth Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is the continuing significant forward movement for EB-2 and EB-3 India. We also discuss options for October-December 2020 I-485 EB-2/EB-2 India applicants whose priority date may be current under Final Action.

Summary of the June 2021 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 June 2021 Visa Bulletin – Family-Based (FB)

USCIS will determine and publish separately, a few days after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

What Does the Forward Movement Mean for Many October/November I-485 Filings (Especially for India Applicants)?

During the period of October-December 2020, many Indian nationals were able to file a I-485 Adjustment of Status either under EB-2 or EB-3 (including downgrades) based on the favorable cutoff dates during these months and the fact that USCIS accepted the “Filing” dates for I-485 filing purposes.

Now, approximately six months later, many of these applications are seeing “current” priority dates under the Final Action category which suggests that I-485 approval is possible. However, we caution that I-485 applicants in this scenario should not immediately expect I-485 green card approval.

Backlog of I-485 Applications Means Slow Processing

First, given the enormous wave of I-485 filings in October-December 2020, USCIS is facing a huge backlog in the initial processing of these I-485 applications. Some cases are just getting biometrics scheduled now, with EAD/AP processing taking 6-8+ months. Many cases were filed without I-693 medicals as well and this means that such cases will also need to either get an interview, if needed (and a request to bring the medicals) or a request for evidence to submit the required medicals. As a result, the vast majority of EB-2 or EB-3 cases filed in late 2020 are not ready for adjudication even if the priority date may be current under Final Action.

Medical Exam – Should I Submit Proactively or Wait for RFE/Interview?

As noted above, many I-485 applications were submitted without I-693 medicals which is completely acceptable and a smart way to prepare and submit an I-485 application promptly. But since I-693 medicals are required for approval of a case, USCIS is now in the process of issuing requests for evidence (RFE) and asking for medical exams for many cases.

One extremely common question has been, “Do I have to wait for RFE to submit the medicals or can I just mail them to USCIS?”. First, the medical exam is valid for submission to USCIS for 60 days after the doctor signs it and then, once timely submitted to USCIS , it is valid for 2 years.

While it may be a good idea to seek out doctors and gather vaccination records in anticipation of a “medical exam RFE”, we caution that completing the medical exam too early before submitting to USCIS will cause the medicals to expire (if not timely submitted) and they will have to be redone.

As far as sending the medicals to USCIS without being asked to do so, we caution that this approach is not without risk. First, USCIS generally does not like when applicants send documents relating to a case without being asked. At the same time, there is a risk that a piece of mail sent to USCIS may not be routed properly and eventually find its way to a case. For example, USCIS is often moving cases between services centers and field offices and it may be hard to know with certainty where a I-485 case file is located at an given time so that the medicals can be sent to that center.

We generally recommend waiting to submit the medicals to USCIS only when asked to do so and under clear instructions on where to send. This is a much more efficient way to make sure that the medicals are sent to a specific request and to a specific USCIS office address. The risk of the medicals getting misplaced, delayed, or lost is, in our experience, extremely small.

I am October 2020 I-485 Applicant and My Priority Date is Current Under Final Action – What Should I Do Now?

As noted above, for many October-December 2020 I-485 applicants it is too early in the I-485 adjudication process to expect USCIS to have completed the review of an I-485 filed just a few months ago. This is especially true given the current backlog and delays at USCIS.

However, many of the late 2020 I-485 applications are simply not ready for adjudication yet so even if there is a current priority date under Final Action, not many I-485 applicants should expect an imminent approval in the month of June. As a note, the approval of the EAD/AP is not related to a current priority date and these applications should be approved in due course regardless of whether the priority date is current.

FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status

The Family-based Second Preference (FB-2A) category remains “Current” for this month.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.   

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 this month’s 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.