The October Visa Bulletin was released today. Because October is the first month of the 2020 fiscal year, essentially resetting the number of available green cards for the year, the changes this month are relatively substantial and mostly positive.
EB-1
EB-1 remains oversubscribed for individuals from all countries, meaning it will not be possible to immediately adjust status by filing an I-485, receive a final decision on a pending I-485, or receive an immigrant visa unless your priority date is current.
Dates for Filing:
For October 2019, only individuals with EB-1 priority dates before the following dates are eligible to file an I-485 or begin immigrant visa processing:
EB-1 India: March 15, 2017
EB-1 China: September 1, 2017
EB-1 Rest of World: July 1, 2019
Final Action Dates:
For October 2019, only individuals with EB-1 priority dates before the following dates are eligible to receive a final decision on a pending I-485 or receive an immigrant visa:
EB-1 India: January 1, 2015
EB-1 China: November 1, 2016
EB-1 Rest of World: April 22, 2018
EB-2
EB-2, on the other hand, is now only oversubscribed for individuals from India and China.
Dates for Filing:
For October 2019, only individuals born in India or China with EB-2 priority dates before the following dates are eligible to file an I-485 or begin immigrant visa processing:
EB-2 India: July 1, 2009
EB-2 China: August 1, 2016
Final Action Dates:
For October 2019, only individuals with EB-2 priority dates before the following dates are eligible to receive a final decision on a pending I-485 or receive an immigrant visa:
EB-2 India: May 1, 2009
EB-1 China: January 1, 2015
If you were born in any country other than India or China, you will be eligible (beginning October 1) to immediately adjust status by filing an I-485, receive a final decision on a pending I-485, or receive an immigrant visa.
Conclusion and Predictions
Keep in mind that the Visa Bulletin does not affect I-140s at all. You will continue to be able to file your I-140 petitions without interruption, and USCIS will continue to adjudicate I-140s normally. It also does not impact applications for Employment Authorization or Advanced Parole for individuals with a pending I-485.
Since the 2020 fiscal year is just beginning, the U.S. Department of State currently anticipates positive movement for most categories in the next few months. The most recent predictions are as follows:
EB-1 India: “Little if any forward movement.” Unfortunately, the backlogs for Indians appear set to become even longer in the coming months.
EB-1 China: “Up to three months” of movement each month through January
EB-1 Rest of World: “Up to three months” of movement each month through January
EB-2 India: “Up to one week” of movement each month through January
EB-2 China: “Up to two months” of movement each month through January
EB-2 Rest of World: Expected to remain current (immediately available) through January
These are only predictions and are always subject to change, but they represent the best information we currently have available. While we expect the next few months to be relatively steady in terms of green card availability, we will update all of our clients if we hear of more substantial changes coming.