November 2019 Visa Bulletin – No Movement for EB India; Slow Movement Elsewhere

The U.S. State Department has just released the November 2019 Visa Bulletin which is the second Visa Bulletin for the FY2020 fiscal year. The headline in the upcoming month’s Visa Bulletin is the very slow forward movement across the backlogged employment-based categories and no movement for EB India (except for 1-day forward movement in EB-2 India).

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

EB Category Nov 2019 Oct 2019 Change
Employment Application Final Action Dates (determines when an I-485 or IV can be approved)
EB-1 ROW, MX, PH Jun 1, 2018 Apr 22, 2018 Forward by 5 weeks
EB-1 India Jan 1, 2015 Jan 1, 2015 No change
EB-1 China Feb 1, 2017 Nov 1, 2016 Forward by 3 months
EB-2 ROW, MX, PH Current Current No change
EB-2 India May 13, 2009 May 12, 2009 Forward by 1 day
EB-2 China Mar 15, 2015 Jan 1, 2015 Forward by 2.5 months
EB-3 ROW Current Current No change
EB-3 India Jan 1, 2009 Jan 1, 2009 No change
EB-3 China Nov 1, 2015 Nov 1, 2015 No change
EB-3 Mexico Current Current No change
EB-3 Philippines Feb 1, 2018 Oct 15, 2017 Forward by 3.5 months
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 Jul 1, 2019 Jul 1, 2019 No change
EB-1 India Mar 15, 2017 Mar 15, 2017 No change
EB-1 China Sep 1, 2017 Sep 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 Current Current 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 Current Current No change
EB-3 Philippines Current Current No change

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 November 2019 Visa Bulletin – Family-Based (FB)

FB Category Nov 2019 Oct 2019 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Mar 1, 2013 Jan 15, 2013 Forward by 6 weeks
FB-1 Mexico Aug 8, 1997 Aug 8, 1997 No change
FB-1 Philippines Sep 15, 2008 Jul 1, 2008 Forward by 2.5 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, 2013 Jul 15, 2013 Forward by 1.5 months
FB-1 Mexico Nov 15, 1999 Nov 15, 1999 No change
FB-1 Philippines Mar 15, 2009 Jan 1, 2009 Forward by 2.5 months
FB-2A ROW, China, India, Philippines Sep 1, 2019 Aug 1, 2019 Forward by 1 month
FB-2A Mexico Sep 1, 2019 Aug 1, 2019 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.

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

The Family-based Second Preference (FB-2A) category remains “Current” for November (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 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.

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.

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 November 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.

By | Last Updated: October 17th, 2019| Categories: AOS, 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.