October 2020 Visa Bulletin Released

In the eve of fiscal year 2021, which begins October 1, 2020, all categories of the October visa bulletin – both Final Action and Date of Filing Charts – have advanced at a rapid pace. Please note, that USCIS has indicated that it will adopt Chart B – Date of Filing Chart for the Month of October, however, this is subject to last-minute changes by USCIS. For more information, please visit the USCIS website.

KEY TAKEAWAYS FOR FINAL ACTION DATES (Chart A):
The cut-off date for the EB-1 category for persons born in China and India has advanced by 3 months. All other countries in the EB-1 category are current.

The cut-off date for the EB-2 category for persons born in China has advanced by 46 days and the cut-off date for persons born in India has advanced by 55 days. All other countries in the EB-2 category are current.

The most significant movement was recorded in the EB-3 category for Mexico, El Salvador, Guatemala, Honduras, the Philippines, Vietnam, and the worldwide quota where the date has reverted to current. The cut-off date for persons born in China has advanced by 4 months and 16 days and the cut-off date for persons born in India has advanced by 3 months and 14 days.

In the EB-4 category, the cut-off date for persons born in El Salvador, Guatemala, and Honduras has advanced by 4 months and for persons born in Mexico by 2 months and 17 days. The cut-off dates for China, India, Philippines, Vietnam, or in the worldwide quota are current.

The EB-5 Non-Regional Center (C5 and T5) category has remained unchanged.

KEY TAKEAWAYS FOR DATES FOR FILING (Chart B):
The cut-off date for the EB-1 category for persons born in China and India has advanced by 2 years and 2 months. All other countries in the EB-1 category are current.

The cut-off date for the EB-2 category for persons born in China has advanced by 2 months and the cut-off date for persons born in India has advanced by 1 year and 9 months. All other countries in the EB-2 category are current.

The most significant movement was recorded in the EB-3 category where the cut-off date for persons born in India has advanced by 4 years and 11 months and the cut-off date for persons born in China has advanced by 1 year and 1 month. Significant advances are also recorded in the EB-3 category for Mexico, El Salvador, Guatemala, Honduras, the Philippines, Vietnam, or in the where the date have reverted to current.

In the EB-4 category, the cut-off date for persons born in El Salvador, Guatemala, Honduras has advanced by 4 months. All other countries in the EB-4 category are current.

The EB-5 Non-Regional Center (C5 and T5) category has remained unchanged.

The Department of State predicts visa availability for employment-based categories in the coming months through January 2021 in Section F of the Visa Bulletin and notes that cut-off dates for the EB-1, EB-2, and EB-3 for persons born in China and India are expected to see a rapid forward movement. The persons in the worldwide quota should remain current in the coming months.

The EIG team is closely monitoring changes to the monthly visa bulletin and determining the best plan of action for each case. We will be reaching out to individuals whose priority date will be current next month to initiate the next step of the green card process. We have also summarized frequently asked questions in our August 8 Issue of the EIG Dispatch. We encourage you to read this article to have a better grasp of the visa bulletin and to understand what your priority date means.

Application Final Action Dates (dates when visas may be issued)
PLEASE NOTE: At this time, USCIS has not indicated whether it will be using Chart A or B for October. For more information, please visit the USCIS website.

The October 2020 Visa Bulletin can be found here and is summarized below:

• Persons in the EB-2 category and born in Mexico, El Salvador, Guatemala, Honduras, the Philippines, Vietnam, or in the worldwide quota are current. These categories remain unchanged.

• Persons in the EB-2 category and born in China are current if they have a priority date before the cut-off date of March 1, 2016. This category advanced by 46 days.

• Persons in the EB-2 category and born in India are current if they have a priority date before the cut-off date of September 1, 2009. This category advanced by 55 days. 

• Persons in the EB-3 category and born in Mexico, El Salvador, Guatemala, Honduras, the Philippines, Vietnam, or in the worldwide quota are now current. These categories previously had a cut-off date.

• Persons in the EB-3 category and born in China are current if they have a priority date before the cut-off date of July 1, 2017. This category advanced by 4 months and 16 days. 

• Persons in the EB-3 category and born in India are current if they have a priority date before the cut-off date of January 15, 2010. This category advanced by 3 months and 14 days. 

• Persons in the EB-5 Non-Regional Center (C5 and T5) category and born in China are current if they have a priority date before the cut-off date of August 15, 2015. This category remains unchanged.
• Persons in the EB-5 Non-Regional Center (C5 and T5) category and born in Vietnam are current if they have a priority date before the cut-off date of August 1, 2017. This category remains unchanged.
• Persons in the EB-5 Non-Regional Center (C5 and T5) category and born in India, El Salvador, Guatemala, Honduras, Mexico, the Philippines, or in the worldwide quota are current. These categories remain unchanged.

Dates for Filing Applications (earliest dates when applicants may be able to apply)

EB-1