September 2020 Visa Bulletin: No Movement in Most Employment-Based Categories, Slight EB-1 and EB-5 Advancement

A closer look 

According to the State Department’s September Visa Bulletin, 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 September. China and India will advance by three weeks to March 1, 2018.
• EB-2: China will remain at January 15, 2016, while India will remain at July 8, 2009. All other countries will remain current. 

• EB-3 Professional and Skilled Workers: All countries except India and China will remain at April 1, 2019. Cutoff dates for China will stay at February 15, 2017, and for India at October 1, 2009. 
• EB-5: India will remain current, along with all other countries except for China and Vietnam. China’s cutoff date will advance by one week to August 15, 2015, while Vietnam’s cutoff date will advance by more than one week to August 1, 2017. 

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment applications based on the Final Action dates chart, as it did last month, or on the Dates for Filing Chart. The September Dates for Filing cutoff dates remain the same as those listed for August.

Immigrant Visa numerical limitations

As FY 2020 nears its close on September 30, the State Department has provided the employment-based immigrant visa numerical limitations for this fiscal year.  The agency reports that the FY 2020 Worldwide Employment-based preference limit is 156,253 immigrant visas.  Given INA guidelines regarding immigrant visa limits and usage, and the slowdown in family-based immigrant visa processing in FY 2020, there could be a much higher employment-based limit in FY 2021.

Impact of Presidential Proclamation

President Trump’s April 22 proclamation temporarily suspending the entry of certain immigrants will remain 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 September 2020

EB-1 
China: March 1, 2018
India: March 1, 2018
All other countries: Current                                                                            

EB-2  
China: January 15, 2016
India: July 8, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: February 15, 2017
India: October 1, 2009
All other countries: April 1, 2019

EB-3 Other Workers  
China: August 1, 2008
India: October 1, 2009
All other countries: April 1, 2019

EB-4 
El Salvador, Guatemala Honduras: April 1, 2017
Mexico: June 15, 2018
All other countries: Current

EB-5
China: August 15, 2015
Vietnam: August 1, 2017
All other countries: Current 

Dates for Filing cut-off dates for September 2020

EB-1  
China: July 1, 2018 
India: July 1, 2018
All other countries: Current

EB-2  
China: August 1, 2016
India: August 15, 2009 
All other countries: Current  

EB-3 Professionals and Skilled Workers  
China: May 1, 2017
India: February 1, 2010
All other countries: April 1, 2020

EB-3 Other Workers  
China: October 1, 2008
India: February 1, 2010
All other countries: April 1, 2020

EB-4 
El Salvador, Guatemala, Honduras: October 1, 2017
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.