August 2020 Visa Bulletin – EB-1 India, EB-1 China and EB-3 ROW Advance Significantly

The U.S. State Department has just released the August 2020 Visa Bulletin which is the eleventh Visa Bulletin for the FY2020 fiscal year. The headline in the upcoming month’s Visa Bulletin is the continuing significant forward movement in EB-1 India, EB-1 China and EB-3 ROW together with relatively good forward movement for the other EB categories; suggesting additional notable movements across other much-delayed categories in the coming months.

Summary of the August 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 August 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-1 India and Others Continue to Advance Significantly; Likely Due to Coronavirus/Covid-19 Impact on Visa Numbers

One of the most notable developments this month is the continued significant forward movement in the EB-1 India cutoff date in addition to major forward movements in EB-1 China and EB-3 ROW. We have been monitoring these categories very closely over the last few months as it is generally an indication of availability of unused visa numbers and the ability of the Department of State to advance some categories faster.

As our clients and readers are aware, USCIS field offices have been closed and are only gradually starting to reopen for I-485 processing. 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 last several Visa Bulletins all indicated faster forward movement trends in certain categories, especially for India nationals, and it is possible that such forward movement will accelerate in the coming months.

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 August.   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 August 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.