Priority Dates Advance Significantly in Most Employment-Based Green Card Categories

Practice Areas

By: Kirti Kalra and Suneeta Dewan

The priority dates of most employment-based green card categories have advanced in the US State Department’s August 2020 Visa Bulletin. This means that more foreign nationals will become eligible for United States lawful permanent residence this month.

Priority Date Changes in the Visa Bulletin for August 2020 *

Conclusion

Green Card Category

Nationals

New Priority Date

Amount of Advancement

EB-1 (extraordinary ability, multinational executives and managers, outstanding professors, and researchers)

China

February 8, 2018

Six months

India

February 8, 2018

Nine months

EB-2 (professionals with advanced degrees/exceptional ability)

China

January 15, 2016

Two months

India

July 8, 2009

No change

EB-3 (professionals, skilled and unskilled workers)

China

February 15, 2017

Eight months

India

October 1, 2009

Four months

EB-5 (immigrant investors)

China

August 8, 2015

Two weeks

Vietnam

July 22, 2017

Two months

A priority date is the date United States Citizenship and Immigration Services (USCIS) assigns an individual’s I-140 Immigrant Petition for Alien Workers. Individuals must wait until their priority date becomes current before they or their employer can complete the application process. Nationals of certain countries face extended wait times for employment-based green cards because a high volume of petitions is filed for people from their country.

Impact of the Recent Presidential Proclamation

The United States presidential proclamation of April 22, 2020 limits the entry of individuals who were not present in the US and did not already hold a valid US visa or travel document on the proclamation’s effective date (April 23, 2020). The proclamation also limits the issuance of employment-based permanent residence at US consulates abroad. The proclamation is effective through December 31, 2020.

Conclusion

For help sponsoring your employee for employment-based permanent residence, please contact your trusted Chugh, LLP attorney. We recommend forwarding this alert to interested contacts.

* USCIS is using the Final Action Date as its basis for accepting petitions, as it did for July 2020.

Disclaimer

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