US

Feb 19 2020

March Visa Bulletin Update: USCIS to Honor Dates for Filing for Employment-Based Categories Next Month

United States

At a glance 

In March, USCIS will accept employment-based adjustment applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department's March Visa Bulletin.

Employment-Based Priority Date Cut-offs for March 2020 

To be eligible to file an employment-based adjustment application in March, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. 

The ability to file adjustment of status applications using the Dates for Filing chart in March will mitigate the impact of retrogression imposed on the EB-3 Worldwide category (all countries except China and India). Instead of retrogressing to the Final Action date of January 1, 2017, those in the EB-3 Worldwide category with priority dates earlier than January 1, 2019 will be able to file adjustment applications in March pursuant to the Dates for Filing chart. These applications will not be approved until the applicant’s priority date becomes current on the Final Action date chart, but adjustment filings will be accepted by USCIS. 

Cutoff dates in the March Dates for Filing chart remain unchanged from the February Visa Bulletin, with the exception of EB-5 China, which will advance several months.

Adjustment of Status Filings through the end of February 2020

Though the State Department has retrogressed the EB-3 Worldwide category effective immediately, USCIS is expected to accept adjustment applications based on the February Visa Bulletin through the end of this month, as it has in the recent past in similar circumstances.  Under the February Visa Bulletin, USCIS is accepting adjustment of status applications for countries that are current in the EB-3 category – specifically, for all countries except for China, India and the Philippines.

USCIS Cutoff Dates for March 2020

EB-1  

China: October 1, 2017 

India: March 15, 2017

All other countries: Current

EB-2  

China: August 1, 2016

India: July 1, 2009 

All other countries: Current  

EB-3 Professionals and Skilled Workers  

China: March 1, 2017

India: February 1, 2010

All other countries: January 1, 2019

EB-3 Other Workers  

China: August 1, 2008

India: February 1, 2010

All other countries: January 1, 2019

EB-4 

El Salvador, Guatemala, Honduras: August 15, 2016

All other countries: Current 

EB-5  

China: December 15, 2015

All other countries: Current  

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.