The March
2020 retrogression of EB-3 has significant consequences for those who are
in the immigrant visa process. It is
expected that between March 1 and September 30 of this year, immigrant
visas/green cards will only be issued to immigrants who have a 2016 priority
date or earlier. When the first bulletin
of the next fiscal year is released in late September, we expect the Rest of
World EB-3 to return to current and the Philippines EB-3 to have a roughly 18-24-month
retrogression.
Below are strategies for EB-3
immigrant applicants in various stages of the immigrant visa process:
Immigrants who will be adjusting
status
USCIS has indicated that the dates for
filing chart can be used in March. This means that the I-485 can only be filed
if the immigrant has a priority date earlier than January 1, 2019. This applies to both Filipino and Rest of
World immigrant applicants.
Immigrants currently at NVC phase with
fee bill
If the applicant has already received
fee bills, then the case can continue to be processed until the documentarily
qualified notification is received from NVC.
An embassy interview will not be scheduled until the immigrant’s
priority date is current under the final action chart which for March is
January 1, 2017. This applies to both
Filipino and Rest of World immigrants.
Immigrants with approved I-140 but no
fee bill
Immigrants should only receive the fee
bill if the priority date is earlier than the date for filing of January 1,
2019, only we often see the NVC issue fee bills to those who have priority
dates later than the dates of filing chart.
Those immigrants with 2019 and 2020 priority dates will receive a letter
from NVC explaining that the case cannot move forward and a fee bill issued
until the priority date is current under the date for filing chart. Rest of World immigrants will continue to
receive fee bills and be able to proceed through the NVC process but will not
be able to receive an embassy interview until current under the final action
chart.
Immigrants with embassy interviews
scheduled for March
We expect these interviews will be
rescheduled by the Embassy or Consulate until the priority date is current
under the final action chart.
Hi my PD is aug2016. Will it be safe to have the interview done? I am afraid for the denial knowing that there hasnt been any visaEB3 issued in USEM manila this year.
ReplyDeleteWe are recommending postponing interviews until the situation in Manila is fixed.
DeleteHow about those visa status that are in 221g and roughly with march 2018 Priority dates? Will our case be reviewed? Will we be informed that our visa our issued but just need to wait for the pd'sto be current?
ReplyDeleteThat is what should happen
DeleteDear Atty Musillo,
ReplyDeleteDid you mean EB3 phils will retrogress further at the beginning of the new FY?
No. It will PROGRESS with the new FY.
DeleteHi chris, to what ive read next fiscal year we expect a 18-24 month retrogression meaning we will wait until all adjustment of status will be served visas. Correct me if Im wrong, as per what is stated above I will wait until FY 2022 to be scheduled for visa interview? My pd is june 2018 i am already Document qualified. Thanks more power
ReplyDeleteNo. You do not have to wait until AOS are clear. If you are June 2018 you should be current early in the next FY.
DeleteHi atty. how about those case that was refused and sent back to uscis for additional processing. Will the uscis review those cases? Are we also affected on this retrogression? Thank you.
ReplyDeleteThe retrogression and the Manila refusals are two independent matters.
Deletehi same PD here, june 2018. You think that's what he meant? Or it means that, 24month retro from the current date. So by September 2020 to VB for pH eB3 is September 2018.
ReplyDeleteIf you are June 2018 you should be current early in the next FY.
DeleteNo one answers here :(
ReplyDeleteWill the table B or date of filling move forward? I already have a PD bur still no visa bill.
ReplyDeleteI expect Table B to stay at Jan 2019.
DeleteGood day Atty.
ReplyDeleteIs there a possibilty for us july 2018 eb3PH be current this year? Thanks
Visa approvals will slow or stop starting in March, until the end of the fiscal year in September. In October 2020, new allotment 140,000 visas are released into the system. There is a chance that more visas are released into the system before the end of the Fiscal Year.
DeleteAtty,
ReplyDeleteMy PD is 2007 and I am scheduled for March last week for the interview. Do I need to reschedule again? But there is no new available dates shown as of now in the US embassy so means to say I wil stick with my original interview date?
Good news. If your PD is 2007, you are able to obtain a visa.
DeleteHi atty, you mean to say that this coming october 2020, the possible pd will be july 1, 2018- jan 1, 2019?
ReplyDelete