The
Department of State expects that there will be “significant advancement” in
many categories, including all EB-1s and EB-5s, as well as EB-3 Worldwide and
Philippines, starting in FY 2021 (October 2020 Visa Bulletin). This is terrific
news for all EB IV applicants.
The news come from the Department of
State’s Charlie Oppenhiem, who is always gracious with his time. Charlie’s monthly AILA Q&As, Check In With Charlie, are always informative. This month’s Check In contained many
interesting answers, including answers to questions posed by MU attorneys.
Charlie expects that the Family-Based
Immigrant Visa category will be underused by about 60,000 visas, as a result of
slowdowns in processing related to COVID-19.
US law says that when the FB IV does not meet its quota, all of those
visa flow into the Employment-Based category in the next fiscal year. Therefore, Charlie expects the EB category to
increase from 140,000 to about 200,000 visas in FY 2021.
This means that the per country quotas,
which are normally about 10,000 IVs, will increase to approximately 14,000 IVs
per country. It is this increase in EB
visas that will lead to the dramatic progressions in October 2020.
Charlie also helpfully explained that
while he could have progressed the Visa Bulletin more aggressively in June and
July, he did not do so because “processing capacity at both consular posts and
USCIS is diminished due to the pandemic.”
Therefore, Visa Bulletin progressions would not have meant increased
visa umber usage and may have resulted in a future retrogression, which he tries to avoid.
This comment has been removed by the author.
ReplyDeleteWhat does this means atty? Thank you
DeleteWhat does what mean?
Deletewhat do you mean by: Visa Bulletin progressions would not have meant increased visa umber usage and may have resulted in a future retrogression, which he tries to avoid.?? is there any retrogression before october? or this year? thank you
ReplyDeleteI do not expect a visa retrogression in October.
DeleteGood afternoon Chris,
ReplyDelete1. Does this 60000 visa benefit EB2 - India as well? I did not see you mentioning about EB2 benefitting due to the spillover... as such I am asking
Yes- all categories would benefit.
DeleteChris, If Charlie did not want to avoid retrogression-any reason why he progressed EB1 India by 10 months and EB2 India by only 1 month? Thanks
ReplyDeleteThere are a lot of AOS India EB2s that will be approved in the next 3 months. There are few AOS India EB1s that will be approved in the next 3 months.
DeleteIs it possible that i will be current on next VB? My PD is June 18, 2018
ReplyDeleteWorldwide eb3 will be current in October means will it benefit an Indian nurse who have PD JULY 2018.
ReplyDeleteThis comment has been removed by the author.
Deletei hope so,but i think it will not
DeleteGood day,
ReplyDeleteWill proclamation 10014 affect spouse and children below 21 of nurses that are still waiting for an interview?
No. It will not affect follow to join who are below 21.
DeleteWill proclamation 10014 affect Nurses under EB3 Immigrant visa?
ReplyDeletePlease read the latest blog.
DeleteGood day atty.
ReplyDeleteIs the proclamation 10014 affect children over 21 years old ? Thank you
Children over 21 are not employment based. They are family based. See next blog.
DeleteThank you. I liked this blog. How fast EB2 india will progress in August/September. Because of decline in processing capacity, would uscis allow greencard visas to be wasted? I was expecting faster progress in July. Is Charlie not going to advance dates in August/Sept due to decline in capacity?
ReplyDeleteWe might see continued progressions of a few weeks or months in India EB2 for the rest of the fiscal year.
DeleteI would like to ask if there is a chance that the VB for EB3 Philippines will advance to September 2019 before the end FY 2020? Also are we going to know this July if HWRA will become a law?
ReplyDeleteI dont think it will move that fast. HWRA will probably be decided by Aug 1.
DeleteWhat are your estimates on movement for EB2 India? Would appreciate your input on this.
ReplyDeleteWhy eb2 didn't move in this VB ?
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