October 2020 Visa Bulletin

From the bulletin:

This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1. Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by September 8th . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, PHILIPPINES, and VIETNAM.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

In plain words: “Unavailable” (“U”) means paused; “retrogress” means move back; “chargeability area” means country of birth; “final action date” means approval date; “date for filing” means filing date.

From the bulletin:

For November , immigrant numbers in the DV category are available to qualified DV-2021 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except

Those Listed Separately

AFRICA

5,100

Except: Egypt 3,300

ASIA

2,800

Except: Iran 1,300

Nepal 2,700

EUROPE

4,800

NORTH AMERICA (BAHAMAS)

3

OCEANIA

350

SOUTH AMERICA,

and the CARIBBEAN

475

In plain words: “chargeability area” means country of birth.

From the bulletin:

Family-sponsored: Final Action Dates movement during the past six months focused on two goals: 1) to allow number use to be maximized should it become possible to return to normal visa processing levels at some point prior to the end of the fiscal year, and 2) to encourage applicants to continue acting on their cases in a timely manner to support long-term recovery from the suspension of routine services. This movement ensured sufficient demand would be available for adjudication throughout FY 2021 under a resumption of full operational status.

VO learned during October 2020 date determination, that movement of final action dates in the previous six months combined with the global suspension of routine visa services resulted in enough accumulated demand to fully utilize the numbers normally made available during the first quarter of the fiscal year. Therefore, no date movement is required at this time. VO will closely monitor the situation in the early months of the fiscal year.

Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500.

In plain words: “final action date” means approval date.

From the bulletin:

Worldwide dates:

F1: Up to three weeks

F2A: Current

F2B: Up to three weeks

F3: Up to two weeks

F4: Up to one week

EMPLOYMENT-based categories (potential monthly movement)

Employment First :

WORLDWIDE: Current

China: Rapid forward movement

India: Rapid forward movement

Employment Second :

Worldwide: Current

China: Rapid forward movement

India: Rapid forward movement

Employment Third :

Worldwide: Current

China: Rapid forward movement

India: Rapid forward movement

Mexico: Current

Philippines: Likely to remain at the Worldwide date

Employment Third – Other Workers :

Worldwide: Current

China: Steady forward movement

Employment Fourth : Current for most countries

El Salvador, Guatemala, and Honduras: Steady forward movement

Mexico: Steady forward movement

Employment Fifth : The category will remain “Current” for most countries

China: No forward movement

Vietnam: Limited forward movement

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.

In plain words: “Current” (“C”) means open to everyone; “final action date” means approval date.

From the bulletin:

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to Section 102 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94), the non-minister special immigrant program expires on September 30, 2020. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2020. Visas issued prior to this date will only be issued with a validity date of September 29, 2020, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight September 29, 2020.

The final action date for this category has been listed as “Unavailable” for October.

If there is legislative action extending this category for FY-2021, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action date and Mexico which would be subject to a September 1, 2018 final action date.

Employment Fifth Preference Categories (I5 and R5):

Section 104 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94) extended this immigrant investor pilot program until September 30, 2020. The I5 and R5 visas may be issued until close of business on September 30, 2020, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after September 30, 2020.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for October.

If there is legislative action extending them for FY-2021, the final action dates would immediately become “Current” for October for all countries except China-mainland born I5 and R5 which would be subject to an August 15, 2015 final action date and Vietnam I5 and R5 which would be subject to an August 1, 2017 final action date.

In plain words: “Current” (“C”) means open to everyone; “Unavailable” (“U”) means paused; “final action date” means approval date.