January 2020 Visa Bulletin

Introduction

The U.S. Department of State (DOS) published its monthly immigrant visa bulletin for January 2020 on December 9, 2019 [PDF version]. The Visa Bulletin for January 2020 contains information on when beneficiaries of approved family-sponsored and employment-based immigrant visa preference petitions are going to be eligible for immigrant visas supported their priority dates. On December 20, 2019, the us Citizenship and Immigration Services (USCIS) determined that beneficiaries of approved immigrant visa petitions in both the family-sponsored and employment-based preferences must use the more favorable “dates for filing” charts from the Visa Bulletin for January 2020 to work out if they're eligible to use for adjustment of status during the month (with limited exceptions that we'll discuss below) [PDF version].

We will review the Visa Bulletin for January 2020 and its particular application to those getting to apply for adjustment of status during this article. We discuss using the immigrant visa bulletin during a separate post [see article]. We even have articles on the difference between the visa bulletin's charts for final action dates and filing dates [see blog] and a compendium of our past articles on monthly visa bulletins [see index].

Family-Sponsored Cases

The USCIS determined that beneficiaries of approved family-sponsored immigrant visa petitions within the F1, F2B, F3, and F4 preferences must use the dates for filing charts from the Visa Bulletin for January 2020 to work out eligibility for adjustment of status during the month. Beneficiaries of approved petitions within the F2A preference must use the ultimate action dates. As we'll see, this decision favors beneficiaries of F2A preference petitions.

As an initial matter, the beneficiary of an approved preference petition must be otherwise eligible to use for adjustment of status — in accordance with section 245 of the Immigration and Nationality Act (INA) and its implementing regulations — to hunt adjustment from within the us . Individuals who don't meet the overall adjustment criteria must instead apply for a visa abroad at the acceptable U.S. consulate.

The beneficiary of an approved family-sponsored preference petition who is otherwise eligible to use for adjustment of status must compare his or her priority date to the applicable filing date (or within the case of F2A — final action date) cutoff for his or her preference category and chargeability area (country). If the applicant's priority date is before the applicable filing or final action date cutoff on the visa bulletin, he or she may apply for adjustment of status in January 2020. The priority date in family-sponsored cases is usually the date on which the immigrant visa petition was properly filed with the USCIS on the beneficiary's behalf.

Below are the ultimate action dates for F2A cases:

“C” stands for “current” on the visa bulletin. Because the ultimate action date for the F2A preference altogether chargeability areas is current for January 2020, the beneficiary of an approved petition during this preference may apply for adjustment in January 2020 no matter his or her priority date — as long as he or she is otherwise eligible to use for adjustment of status.

Below are the dates for filing for non-F2A cases:

For reference purposes only, the filing date for F2A cases is All Saints' Day , 2019, altogether chargeability areas. The filing date is worth monitoring since the F2A final action date is unlikely to stay current in perpetuity. However, the F2A filing date remains close enough to being current that there's almost no daylight between it and therefore the slightly more favorable final action date.

Below, for reference purposes, are the ultimate action dates for all family-sponsored cases:


Adjustment applicants outside of the F2A preference needn't concern themselves with the ultimate action dates in January 2020. the ultimate action dates do represent for DOS the dates on which a visa may very well be granted. the ultimate action dates can also give those seeking immigrant visas through consular processing abroad a thought of when their applications may proceed.

Employment-Based Cases

The USCIS determined that the majority beneficiaries of approved employment-based immigrant visa petitions must use the dates for filing charts from the Visa Bulletin for January 2020 to work out eligibility for adjustment of status during the month. Certain third preference and other workers cases must instead use the ultimate action dates. However, just like the F2A exception within the family-sponsored cases (see above), these exceptions work to the advantage of applicants.

As an initial matter, the beneficiary of an approved preference petition must be otherwise eligible to use for adjustment of status — in accordance with section 245 of the Immigration and Nationality Act (INA) and its implementing regulations — to hunt adjustment from within the us . Individuals who don't meet the overall adjustment criteria must instead apply for a visa abroad at the acceptable U.S. consulate.

The beneficiary of an approved employment-based preference petition who is otherwise eligible to use for adjustment of status must compare his or her priority date to the applicable filing date cutoff (or within the case of certain E3 and other workers cases — final action date cutoff) for his or her preference category and chargeability area (country). If the applicant's priority date is before the applicable filing or final action date cutoff on the visa bulletin, he or she may apply for adjustment of status in January 2020. The priority date within the employment-based petition context usually depends on whether labor certification was a petition prerequisite. In cases where labor certification was required, the beneficiary's priority date is usually the date on which the labor certification application was accepted for processing by the U.S. Department of Labor (DOL). In cases where labor certification wasn't required, the priority date will generally be the date on which the petition was properly filed with the USCIS on the beneficiary's behalf.


Beneficiaries of approved E3 and Other Workers petitions who aren't from China, India, or the Philippines must use the ultimate action dates from the Visa Bulletin for January 2020 to work out whether or not they are eligible to use for adjustment of status during the month. Beneficiaries of petitions in these categories from China, India, or the Philippines must use the dates for filing, which you'll find within the next chart. Because the applicable final action dates are current, beneficiaries of E3 and Other Workers petitions who aren't from China, India, or the Philippines may apply for adjustment in January 2020 no matter their priority dates, as long as they're otherwise eligible for adjustment.

For reference purposes, the subsequent are the ultimate action dates for E3 China, India, and therefore the Philippines:


For reference purposes, the subsequent are the ultimate action dates for Other Workers China, India, and therefore the Philippines:

Although adjustment applicants from China, India, and therefore the Philippines must use the dates for filing for adjustment purposes in January 2020, the ultimate action dates are worth monitoring for subsequent months where which will not be the case.

Below are the dates for filing for all employment-based cases except Worldwide, El Salvador , Guatemala, Honduras, Mexico, and Vietnam E3 and Other Workers cases:


With the exception of the six cases noted within the previous section, all employment-based beneficiaries must believe the dates for filing for adjustment purposes in January 2020. The beneficiary of an approved petition during a category that the filing date is current may apply for adjustment no matter his or her priority date, as long as he or she is otherwise eligible for adjustment.

For reference purposes only, below are the E3 filing dates ex-directory here for chargeability areas that has got to instead use the ultimate action dates:

Because the ultimate action dates in these categories are current, the USCIS's decision to need applicants in these categories to consult the ultimate action dates instead of the filing dates works to their benefit. The filing dates are worth monitoring, however, since the USCIS may determine that they need to be consulted in future months.

Below, for reference purposes, are the ultimate action dates for employment-based cases:

Employment-based All Chargeability Areas Except Those Listed CHINA-mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES VIETNAM
1st 01OCT18 22MAY17 01OCT18 01JAN15 01OCT18 01OCT18 01OCT18
2nd C 01JUL15 C 18MAY09 C C C
3rd C 01DEC15 C 01JAN09 C 15MAR18 C
Other Workers C 01APR08 C 01JAN09 C 15MAR18 C
4th C C 01JUL16 C 08AUG17 C C
Certain Religious Workers C C 01JUL16 C 08AUG17 C C
5th Non-Regional Center (C5 and T5) C 22NOV14 C 01MAY18 C C 08DEC16
5th Regional Center (I5 and R5) C 22NOV14 C 01MAY18 C C 08DEC16
Adjustment applicants outside of F3/Other Workers China, India, and Philippines don't got to ask the ultimate action dates for the employment-based preferences in January 2020. the ultimate action dates do represent for DOS the dates on which a visa may very well be granted. the ultimate action dates can also give those seeking immigrant visas through consular processing abroad a thought of when their applications may proceed.

Projected Visa Availability within the Coming Months
The DOS provided projections for visa ability within the coming months within the Visa Bulletin. The projections are for potential forward movement within the final action dates.

Potential monthly movement in family-sponsored categories:

Worldwide F1: Up to 6 weeks
Worldwide F2A: Final action date established
Worldwide F2B: Up to 3 weeks
Worldwide F3: One to 3 weeks
Worldwide F4: Once final action date retrogession occurs, that date is probably going to be held for a period of your time

Potential monthly movement within the Employment First category:

Worldwide: Rapid forward movement expected, possibly becoming current within three weeks of December 9, 2019
China: Up to 3 weeks
India: Little if any forward movement expected

Potential monthly movement within the Employment Second category:

Worldwide: A final action date will likely be imposed at some point within the last half of FY 2020
China: Up to at least one month
India: Up to at least one week

Potential monthly movement within the Employment Third category:

Worldwide: Final action date will likely be imposed no later than March
China: Up to 6 weeks
India: Up to 3 weeks
Mexico: Will remain at the worldwide date
Philippines: Up to at least one month

Potential monthly movement within the Employment Third — Other Workers category:

Worldwide: Final action date likely to be established no later than March

Potential monthly movement within the Employment Fourth category:

Most countries: Will remain current
El Salvador, Guatemala, and Honduras: Little if any movement expected through May
India: Final action date will likely be imposed no later than July
Mexico: Limited forward movement

Potential movement within the Employment Fifth category:

Most countries: Will remain current
China: it's going to be possible to advance the date at a rather faster pace than has been seen in recent months
India: Likely to advance at a really rapid pace until the extent of demand for visa numbers increases
Vietnam: Limited forward movement

The DOS noted that the foregoing projections are only projections, and what actually happens regarding date progression could also be different than the DOS predicted within the Visa Bulletin for January 2020.

Conclusion
Beneficiaries of approved immigrant visa petitions within the preference category should stay au courant developments within the monthly visa bulletins. this is often especially important for those that decide to apply for adjustment of status. Petitioners and beneficiaries may consult an experienced immigration lawyer for case specific guidance on the way to navigate the trail to lawful permanent resident status.