October 1, 2020 marks the beginning of the federal fiscal year (FY21), and with it, the infusion of a new allocation of immigrant visa numbers. This infusion typically results in some forward movement in Final Action Dates in the month of October. The October Visa Bulletin was published on 24/09/2020 and later in the day the USCIS indicated that EB I-485 applications would be accepted based on Filing Date.
Unique forward movement This October’s Visa Bulletin is unique; however, given competing tensions caused by the COVID-19 global pandemic. On the one hand, diminished agency processing capacity is likely to limit advancement in certain preference categories and across the family-based (FB) preference categories. On the other hand, most employment-based (EB) categories have the potential to experience significant forward movement, as explained further below. What remains uncertain is to what extent, if any, diminished agency capacity might curb advancement in the employment-based preference categories.
Infusion of unused Family-Based Numbers from FY20 For FY21, the assignment of employment-based visa numbers is required to be phenomenally high. This is on the grounds that the INA requires unused family-based visa numbers from the prompt earlier monetary year to be added to the business based assignment (and the other way around). There were critical business based numbers utilized in FY20 before the Coronavirus pandemic started, while interestingly there has been negligible FB number utilization due to amazingly restricted consular preparing because of the pandemic and the foreigner visa limitations of PP 10014 that suspended settler visa preparing at U.S. Departments.
It is possible that 250,000 or more unused FB immigrant visa numbers will be added to the EB immigrant visa pool for FY21. This would represent a 63% increase over the highest allocation in recent memory. While this is great news for individuals who have been waiting many years for their priority dates to become current, it will likely also result in a slowdown in processingI-485 and related applications.
On the other hand, for FY21, it is expected that the usage of family-based immigrant visas will continue to be significantly low in comparison to prior fiscal years due to the continuing global pandemic and the various travel bans that remain in effect. So, it’s possible that EB visa numbers will continue to exhibit substantial forward movement in FY22.
Downsizing to EB3 For certain classes, particularly those brought into the world in India and China, EB3has really pushed forward of EB2 for October 2020. For cases in which a representative has an endorsed I-140 in the EB2 classification, we can simultaneously document another I-140 request with the I-485 recording to downsize the appeal to EB3 and exploit the current EB3 need date.
Our arrangement and your things to do We are currently producing reports to see which people have current need dates dependent on their current arrangement (for example EB2) and which people wouldshould be downsized to EB3 to be current in October. On the off chance that your need date is current dependent on your current classification (for example EB2 India), there is no compelling reason to contact our office. We will start your I-485 as quickly as time permits. On the off chance that you should be minimized to EB3 or if our office didn’t set up your I-140 however is as of now speaking to your boss, if you don’t mind contact ouroffice to ensure we have you on our rundown in the event that you have not effectively done as such. At that point, we will start starting these I-485 cases and messaging the surveys that should be finished and the rundown of archives we will require. If it’s not too much trouble check your garbage/spam envelopes every day to ensure that our introduction messages don’t wind up there.
Employment and Travel Authorization documents Starting in October 2020, the USCIS has forced separate documenting charges for work (EAD $550) and travel (advance parole or AP $590) applications. Beforehand, there were no extra USCIS documenting expenses related with these applications on the off chance that they were recorded along with the I-485 (green card) application. Because of this change, we might be getting ready EAD/AP applications on the off chance that you explicitly request that we, besides in some uncommon conditions where the EAD/AP applications will be needed; for instance, in the event that you are in a nonimmigrant status that doesn’t allow settler purpose like F-1 or TN. Should you decide to have us get ready EAD/AP applications, there are no extra lawful charges for the underlying applications whenever arranged simultaneously asthe I-485 application. Be that as it may, if the EAD/AP reports should be restored later on, which is likely, you will bring about extra lawful charges and USCIS recording expenses for the restoration applications. In the event that you decide not to apply for EAD/AP records you should keep up your nonimmigrant status and should have a legitimate H or L visa stamp in your identification to go universally and re-visitation of the U.S. while the I-485 is forthcoming.
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact me.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman