October 2019 Visa Bulletin – Mixed Bag of Recovery and Delays; First Bulletin for New Fiscal Year

The U.S. State Department has just released the October 2019 Visa Bulletin which is the first Visa Bulletin for the FY2020 fiscal year. The headline in the upcoming month’s Visa Bulletin is that EB-1 recovers but not fully as EB-1 India remains stuck in 2015.  EB-2/3 ROW is back to Current but EB-2 India/China barely move while EB-3 India/China advance significantly – possibly creating downgrade opportunities.   Also, we share predictions for the next several months.

Summary of the October 2019 Visa Bulletin – Employment-Based (EB)

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

Summary of the October 2019 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.

October 2019 Visa Bulletin + New Fiscal Year = Advanced Cutoff Dates for Many

As expected, the October 2019 Visa Bulletin advances many of the cutoff dates which were either retrogressed or had a cutoff date introduced over the previous few months.   As the new fiscal year begins on October 1, the government has the entire new fiscal year’s supply of immigrant visas and, as we expected, the cutoff dates have advance notably for many categories in the October 2019 Visa Bulletin.    Specifically, while EB-3 India/China advance significantly and recover to their pre-retrogression state, EB-2 India/China does not move much or moves backwards.   Similarly,  EB-2 and EB-3 ROW are now current again but EB-1 ROW retains a cutoff date (even after advancing).

EB-3 India and China Filing Dates Appear to Move More Aggressively then EB-2 – Possible Opportunity for Downgrading from EB-2 to EB-3

One trend that we see in the 2019 October Visa Bulletin (together with prior Visa Bulletins) is that EB-3 India and EB-3 China appear to be advancing more aggressively relative to EB-2 India and EB-2 China, respectively.     For example, EB-3 India moves by 3.5 years (only 3 days for EB-2 India) while EB-3 China moves forward by 22 months (EB-2 China goes back by 2 years).

EB-3 China has more advanced cutoff date than EB-2 China which means that EB-3 is more favorable category to be in and this may allow an opportunity for certain EB-2 China applicants to downgrade to EB-3 and file I-485 based on a current priority date.

EB-3 India is not more advantageous at this time than EB-2 India but this kind of pattern suggests that it may become soon, making it a possible (and limited-time) opportunity to downgrade and take advantage of a current priority date.

We have put together a guide on understanding the EB-2 to EB-3 downgrading process, including who may benefit from it and how to go about the process.    We invite you to review our guide and also to contact us if we can be of any help.

FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status (Assuming USCIS Will Allow It)

Another notable development is that the Family-based Second Preference (FB-2A) category remains “Current” for October (after it became “Current” in July).   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 FB-2A will not remain Current indefinitely, but it is not possible to say at present how soon a cutoff will be introduced.

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 September in the event there is a cutoff date introduced in October.   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.

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

Visa Bulletin Predictions – Employment-Based

We include the expectations for movement of visa numbers over the next few months.   Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-1 Rest of World (ROW).   Up to three months advancement per month expected.

EB-1 India. Little, if any, forward movement expected.

EB-1 China.  Up to three months per month.

EB-2 (ROW).  Expected to remain current.

EB-2 India.  Up to one week per month.

EB-2 China. Up to two month per month.

EB-3 ROW.  Expected to remain current.

EB-3 India.  Little, if any, forward movement expected.

EB-3 China.  Little, if any, forward movement expected.

EB-3 Mexico.  Expected to match the EB-3 ROW level (stay current).

EB-3 Philippines.  Up to several months at a time forward movement expected.

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 October 2019 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.