November 2019 Visa Bulletin

Introduction

On October 9, 2019, the U.S. Department of State (DOS) published the Visa Bulletin for November 2019, containing the dates for filing and final action dates for family-sponsored and employment-based immigrant visa petitions during the month [PDF version]. On October 18, 2019, the us Citizenship and Immigration Services (USCIS) determined that both family-sponsored and employment-based beneficiaries of approved immigrant visa petitions within the preference categories must use the more favorable filing dates to work out eligibility to file for adjustment of status in November 2019 [PDF version].

In this article, we'll examine the relevant charts and news and notes from the primary visa bulletin of FY-2020. We discuss using the visa bulletin as an adjustment of status applicant generally in an introductory article on the topic [see article]. We discuss the difference between the ultimate action dates and therefore the dates for filing in an older post [see article]. you'll see our past posts on monthly visa bulletins during a growing topic index [see article].

Family-Sponsored Cases

The USCIS determined that beneficiaries of approved family-sponsored immigrant visa petitions within the preference categories in every preference except F2A must use the dates for filing from the Visa Bulletin for November 2019 to work out eligibility to file for adjustment of status during the month. While those with approved immigrant visa petitions within the F2A preference (spouses and unmarried children under the age of 21 of lawful permanent residents) must use the ultimate action dates from the November Visa Bulletin, this actually works to their benefit since the ultimate action date for the month is “current.”

In order to be eligible to use for adjustment of status in November 2019 on the idea of an approved family-sponsored preference petition, the applicant's priority date must be before the applicable filing date cutoff (or within the case of F2A, final action date cutoff) listed on the November 2019 Visa Bulletin for the applicant's preference category and chargeability area. Because the F2A final action date is current, the beneficiary of an approved immigrant visa petition within the F2A preference may apply for adjustment in November 2019 no matter his or her priority date, as long as he or she is otherwise eligible to use for adjustment of status. Any adjustment applicant supported a preference petition must meet the widely applicable requirements for adjustment of status additionally to qualifying under the monthly visa bulletin.

The priority date in family-sponsored cases is usually the date on which the underlying immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the ultimate action dates for F2A cases in November 2019:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
The following, courtesy of USCIS, are the dates for filing for all non-F2A cases from the November 2019 Visa Bulletin:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES

For reference purposes, the subsequent are the ultimate action dates for family-sponsored preference cases from the November 2019 Visa Bulletin (adjustment applicants outside of the F2A preference must ask the filing dates):

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
Employment-Based Cases
The USCIS has determined that beneficiaries of approved employment-based preference petitions must use the dates for filing from the November 2019 Visa Bulletin for purpose of determining eligibility to use for adjustment of status during the month. so as to be eligible to use for adjustment of status during November 2019 on the idea of an approved employment-based preference petition, the beneficiary's priority date must be before the applicable filing date cutoff for his or her preference category and chargeability area on the Visa Bulletin for November 2019. Beneficiaries of approved employment-petitions in preference categories/chargeability areas with a priority date of “current” (denoted as “C” on the charts) may apply for adjustment no matter their priority dates, as long as they're otherwise eligible to use for adjustment of status. Any adjustment applicant supported a preference petition must meet the widely applicable requirements for adjustment of status additionally to qualifying under the monthly visa bulletin.

In employment-based cases requiring labor certification, the priority date will generally be the date on which the corresponding labor certification application was accepted for processing by the U.S. Department of Labor (DOL). In cases not requiring labor certification, the priority date will generally be the date on which the immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the dates for filing for employment-based cases in November 2019:

Employment-Based All Chargeability Areas Except Those Listed CHINA-mainland born El SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES

For reference purposes, the subsequent are the ultimate action dates for employment-sponsored preference cases from the November 2019 Visa Bulletin (adjustment applicants must use the filing dates chart):

Employment-based All Chargeability Areas Except Those Listed CHINA-mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES VIETNAM

Conclusion

Individuals seeking to immigrate to the us and, where applicable, their petitioners, should consult an experienced immigration attorney throughout the whole process. within the case of immigrant visa preference petitions, an attorney may assist whether the beneficiary intends to pursue an immigrant visa through consular processing abroad or through adjustment of status from within the us . Petitioners and beneficiaries should stay au courant developments within the monthly immigrant visa bulletins. this is often especially important for beneficiaries who are getting to apply through the adjustment of status process.