On Thursday, September 24th, 2020, the U.S. Department of State (“DOS”) released the October Visa Bulletin. The Filing Chart for Employment-Based Cases show dramatic jumps forward, especially for Indian nationals in the EB-3 category. Later in the day, USCIS announced that it will honor the filing chart as follows:
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01SEP20 | C | 01SEP20 | C | C |
| 2nd | C | 01OCT16 | C | 15MAY11 | C | C |
| 3rd | C | 01JUN18 | C | 01JAN15 | C | C |
This is the first time that India EB-3 will be more current than India EB-2, a phenomena commonly seen in the availability for Chinese nationals. Indians with EB-2 I-140s should consider downgrading to EB-3 to take advantage of this October filing window.
This means that any individual who meets the following criteria should be eligible to file an application for permanent resident status (Form I-485) in October 2020: 1) have an approved PERM -based I-140 Petition for Alien Worker through your company (unless you are EB-1, have an approved NIW, or are an individual of exceptional abilities in which case you do not have an underlying PERM); and, 2) have a Priority Date earlier than the corresponding Visa Bulletin date above. It is also critical to remember that beginning October 2, 2020 USCIS will be implementing new filing fees and forms for the green card process.
The DOS provided the additional projections for immigrant visa availability through January 2021 as follows:
- EB-1: Remain current for all countries except India and China. Rapid forward movement for India and China.
- EB-2: Remain current for all countries except India and China. Rapid forward movement for India and China.
- EB-3 Professionals and Skilled Workers: Remain current for all countries except India and China. Rapid forward movement for India and China.
Please contact SPS Immigration if you have questions how this may impact your immigration case.
