November 2020 Visa Bulletin: Final Action Dates Advance in Most Categories; Dates for Filing Remain Largely Unchanged and Will Be Honored by USCIS

A closer look 

According to the State Department’s November Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: 

• EB-1: All countries except for China and India will remain current in November. China and India will advance by six months to December 1, 2018.
• EB-2: China will advance by just over seven weeks to April 22, 2016, while India will advance by three weeks to September 22, 2009. All other countries will remain current.

• EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance four months to October 1, 2017, and for India will advance one and a half months to March 1, 2010.  All countries will remain current in November.
• EB-5: Regional and non-Regional Center Programs will remain current for all countries  except China and Vietnam.  China will remain at August 15, 2015, while Vietnam will advance by two weeks to August 15, 2017. 

USCIS Employment-based Priority Date Cut-offs for November 2020

U.S. Citizenship and Immigration Services (USCIS) has announced that it will honor the State Department’s Dates for Filing chart for adjustment of status filings in November. To be eligible to file an employment-based adjustment application in November, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. 

This is the second consecutive month in which  USCIS has chosen to honor the Dates for Filing chart, rather than the Final Action Date chart.  In October, there was significant advancement on this chart, particularly in the EB-2 and EB-3 categories for India and China, which allowed many applicants who were previously subject to lengthy backlogs to file adjustment of status applications.  Today’s announcement confirms that the agency will continue to accept these filings through at least the end of November. 

Impact of Presidential Proclamation

As a reminder, President Trump’s April 22 proclamation temporarily suspending the entry of certain immigrants remains in place through December 31, 2020. The proclamation continues to limit the issuance of immigrant visas by U.S. consulates abroad.

Final Action cut-off dates for November 2020

EB-1 

China: December 1, 2018

India: December 1, 2018

All other countries: Current                                                                            

EB-2  

China: April 22, 2016

India: September 22, 2009

All other countries: Current

EB-3 Professionals and Skilled Workers  

China: October 1, 2017

India: March 1, 2010

All other countries: Current

EB-3 Other Workers  

China: January 1, 2009

India: March 1, 2010

All other countries: Current

EB-4

El Salvador, Guatemala Honduras: November 1, 2017

Mexico: October 15, 2018

All other countries: Current

EB-5

China: August 15, 2015

Vietnam: August 15, 2017

All other countries: Current

Dates for Filing cut-off dates for November 2020

EB-1  

China: September 1, 2020 

India: September 1, 2020 

All other countries: Current

EB-2  

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

EB-3 Other Workers  

China: May 1, 2009

India: January 1, 2015

All other countries: Current

EB-4 

El Salvador, Guatemala, Honduras: February 1, 2018

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.