On September 24th, the Department of State released their October 2020 visa bulletin that dictates when foreign nationals are eligible to file their Adjustment of Status (Form I-485) applications. These categories are dependent on the applicant’s country of birth and, for employment based applications, their priority date as issued through the I-140 process.
USCIS has also announced that they will be utilizing the “Dates for Filing” chart for employment-based applications which provides a significant advantage to Chinese and Indian nationals in the EB-1 category. Further, the EB-3 category for Chinese and Indian nationals has progressed ahead of the EB-2 categories, and EB-1, EB-2, and EB-3 is current for all other countries.
EB-1 Priority Workers
China: September 1, 2020
India: September 1, 2020
All other countries: Current
EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
China: October 1, 2016
India: May 15, 2011
All other countries: Current
EB-3 Professionals and Skilled Workers
China: June 1, 2018
India: January 1, 2015
All other countries: Current
For further guidance on the updated bulletin and how it may affect your or your employee’s green card case, please reach out to your immigration counsel.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.
