![]() Public Charge Rule Back in Effect – And Form I-944 Required Beginning October 13, 2020 Employers considering the “downgrade” strategy for their foreign national workers should consult with their immigration counsel. Ultimately, we expect EB-2 India numbers to advance ahead of EB-3. This presents an opportunity for these individuals to obtain interim benefits and employment flexibility after the Form I-485 application has been pending for at least six months. EB-2 India applicants must have their employer file a new I-140 petition in the EB-3 category, which may be filed concurrently with their Form I-485 application. Because of the advancement in the EB-3 India category in October, some EB-2 India applicants may decide to “downgrade” to EB-3 to benefit from the earlier priority date. The EB-3 India cutoff date (January 1, 2015) jumps ahead of EB-2 India (May 15, 2011).Īdvancements in many employment-based categories are expected to continue through January 2021.There is significant movement for EB-3 India, as the cutoff date in the "Dates for Filing" chart advances by five years.The EB-2 and EB-3 categories are current for all countries except India and China.EB-1 India and China cutoff dates advance to September 1, 2020. The EB-1 category is current for all countries except India and China.Notable advancements in the employment-based categories include the following: While their Form I-485 applications are pending, applicants are able to obtain additional immigration benefits, such as employment authorization and advance parole travel authorization, much sooner in the overall permanent residence process than previously could be obtained. Many individuals with approved I-140 petitions will be able to submit their Form I-485 applications in October, even though their applications may not be adjudicated for several years – when their priority date becomes current under the “Final Action Dates” chart. The “Dates for Filing” chart marks significant advancements in most employment-based categories. Citizenship and Immigration Services (USCIS) confirmed that it will accept Forms I-485, Applications to Register Permanent Residence or Adjust Status, based on the “Dates for Filing” chart. USCIS Will Follow October ‘Dates of Filing’ Chartįor October, U.S. The DOS announced that it anticipates the FY 2021 employment-based visa numbers will hit an all-time high of 261,500. The pandemic constrained consular operations and Presidential Proclamation 10014 suspended the issuance of immigrant visas, with limited exceptions. This past year, family-based numbers were exceptionally low. Any unused family-based numbers from the prior fiscal year can be added to the employment-based visa allocations (and vice versa). When the new fiscal year starts on October 1, a new supply of immigrant visas becomes available. Each year, there is a fixed number of immigrant visas available for employment-based and family-based categories. October 1, 2020, marks the beginning of the U.S. Department of State (DOS) issued the highly anticipated October Visa Bulletin.
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