By: Navdeep Meamber

The US Department of State released its December 2020 visa bulletin. The final action cutoff dates have advanced a moderate amount for China and India nationals in many employment-based immigrant visa categories.

final action cutoff dates

Many employment-based visa categories advanced moderately in the Final Action Date chart for December 2020:

• EB-1: China and India advanced four months to April 1, 2019. All other countries are current.
• EB-2: China and India each advanced more than one week, to May 1, 2016 and October 1, 2009, respectively. All other countries are current.
• EB-3: China advanced one month to November 1, 2017, and India advanced two weeks to March 15, 2010. All other countries are current.
• EB-4: El Salvador, Guatemala, and Honduras advanced three months to February 1, 2018. Mexico advanced over one month to November 22, 2018. All other countries are current.
• EB-5: China remained the same at August 15, 2015, while Vietnam advanced two weeks to September 1, 2017. All other countries are current. The regional center program is due to expire on December 11, 2020 and will end at that time unless Congress reauthorizes it.

dates for filing cutoff dates

The December Dates for Filing chart has advanced a moderate amount in most categories, but the EB-3 visa has retrogressed one year for Indian nationals.

• EB-1: China and India: November 1, 2020; Current for all other countries.
• EB-2: China: October 1, 2016; India: May 15, 2011; Current for all other countries.
• EB-3: China: June 1, 2018; India: January 1, 2014; Current for all other countries.
• EB-4: El Salvador, Guatemala, and Honduras: May 1, 2018; Current for all other countries.
• EB-5: China: December 15, 2015; Current for all other countries.

When an individual’s priority date is on or before the date listed for their employment-based category and nationality, they can:

• Dates for Filing chart: File for adjustment of status to a green card.
• Final Action Date chart: Pending applications can be approved to receive their green cards.

USCIS has confirmed that individuals must use the Dates for Filing chart for December 2020 for all employment-based categories. Foreign nationals may file applications for adjustment of status in December if their priority date is current under the Dates for Filing chart.

presidential proclamation

President Trump’s presidential proclamation remains in effect until December 31, 2020. Certain foreign nationals who were outside of the US on the proclamation’s effective date and did not already hold a valid US visa or travel document will not be able to obtain an employment-based green card at US consulates abroad.

possible program expirations

The EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs are due to expire on December 11 and 12, 2020, respectively. Congress will need to reauthorize these programs or pass a temporary spending measure for them to continue. Otherwise, EB-4 green cards will no longer be available after their expiration dates. EB-5 visas will still be available outside of the regional center program.

conclusions

For help adjusting status to a green card, or other case-specific questions, please contact your trusted Chugh, LLP attorney.