February 2020 Visa Bulletin – EB-3 ROW Cutoff Date Imminent

The U.S. State Department has just released the February 2020 Visa Bulletin which is the fifth 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).  EB-3 ROW cutoff dates are anticipated in the next month’s Visa Bulletin.

Summary of the February 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 February 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-2 ROW and EB-3 ROW Cutoff Date Introduction Expected March/April 2020

The Department of State advises that there has been a steadily increasing level of demand for adjustment of status cases filed with USCIS and that if this demand persists it would require cutoff dates to be introduced for final action dates in the Employment Second, Third, and Third Other Worker preference categories likely around March 2020.

As a result, we urge applicants, especially under EB-2 and EB-3 ROW 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 February (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 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 February 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.