Monday, July 20, 2020

AUGUST 2020 VISA BULLETIN: EB3 JUMPS ONE FULL YEAR


The Department of State has just issued the August 2020 Visa Bulletin. This is the eleventh Visa Bulletin of Fiscal Year 2020. This blog post analyzes this month's Visa Bulletin.


August 2020 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


Employment-
based
All Other
CHINA
INDIA
PHILIPPINES
1st
C
08FEB18
08FEB18
C
2nd
C
15JAN16
08JUL09
C
3rd
01APR19
15FEB17
01OCT09
01APR19

MU Law Analysis

This Visa Bulletin continued the big progressions that we saw in the June and July Visa Bulletins.  MU Law has been calling on the DOS to rapidly advance the dates so that all immigrant visas are used in 2020, and they finally responded in a big way.  The big story is the one-year progression Worldwide EB-3 and Philippines EB-3.  These EB-3 dates are now at April 2019.

The good news was not limited to those categories.  India EB-1 and India EB-3 also jumped forward.  EB-1 moved ahead ten months to February 2018, and EB-3 by five months, to October 2009.  Only India EB-2 disappointed, staying at July 8, 2009.  India EB-2 and EB-3 are inverted.  MU Law expects India EB-2 and EB-3 to move in sync for the foreseeable future.  EB-2s will downgrade their petitions to EB-3 to take advantage of the more favorable processing date, leading to an equilibrium between the two categories. 

All of the China categories moved forward as well, as expected in a year where few immigrant visa have been issued. 

MU Law expects the favorable employment-based visa dates to continue next fiscal year.  We explained why on this blog post.



73 comments:

  1. Hi atty, I am very ecstatic of the rapid progression of EB3 philippines but at the same time, a bit worried. It seems that the 221g problem in USEM MANILA is not yet resolved. Do you think this will be corrected anytime soon? I will be current this coming August VB and I am already DQ status, that’s why I’m a bit anxious.

    ReplyDelete
    Replies
    1. Yes- we are all aware that the 221gs problems have continued. We are actively working on a solution. Unfortunately there was no communication with the embassy for months, because of COVID.

      Delete
    2. Thank you for replying atty. I hope that it will be resolved soon.

      Delete
  2. hi atty, good day!
    there will still be 1 more month for this fiscal year before moving on to next fiscal year, is there any forseable retrogression next month visa bulletin? or it will continue to move forward? thank you so much!

    ReplyDelete
  3. Good day atty!

    We are so glad of the progress of the VB and thank you so much for the effort to help us. However, 221g is still an issue here in Manila USEM. 2 of my colleagues were issued 221g this morning without other documents needed to submit but just to review the contract, same tactics that happened before the pandemic. We really thought this was sorted out last first week of March. What is you take on this atty?

    Stay safe always!

    ReplyDelete
    Replies
    1. Hi Sir, is it okay if you could tell us the reasons why they were given 221g on the interview? We are just worried

      Delete
    2. I thought the US embassy in Manila is close?

      Delete
    3. Hi Starn! How did your colleagues get an appointment schedule if there’s no available date on the ustraveldocs website? I wouldnlike to know so I can schedule my interview. Thanks.

      Delete
    4. Yes- we are all aware that the 221gs problems have continued. The issue is that the Embassy is mis-interpreting employment contracts. We are educating the Embassy on the proper analysis.

      Delete
  4. even if it jumps to 1 yr. but the US embassy manila is not yet resolving the problem in 221g. and there are lots of pending interviews last month who got current as well. will tgis take time to get an interview date. will they fix first all the 221g last feb before they assign as an interview date? thank you

    ReplyDelete
    Replies
    1. We are working on fixing the 221g problem.

      Delete
  5. These available visas will put on trash if 221g will not be resolved. 2 applicants i know was put on the same status last week, same reason. Not the time to celebrate yet.

    ReplyDelete
    Replies
    1. Hi Sir, can you share with us here why were your friends given 221g

      Delete
    2. This comment has been removed by the author.

      Delete
    3. The issue is that the Embassy is mis-interpreting employment contracts. We are educating the Embassy on the proper analysis.

      Delete
    4. Please Chris, refresh them and educate them vigorously. They need to freshen up their minds. They are just making ways just to deny a visa. Imagine one was looking for an ielts result wherein this is just merely a requirement for a visa screen.

      And the truth is they will just ignore their mistakes and will never apologize for their mishaps if proven they were wrong.

      Other embassies issued same visas without delays. It is just here in Manila.

      Delete
  6. hi my friend received an email saying that travel ban of US is until December 2020? and nurses are included in that travel van. the only excemption is if u will be assign in covid ward or covid research nurse. how true is that?

    ReplyDelete
    Replies
    1. This is wrong. Your friend should contact their attorney. This is fixable.

      Delete
  7. Hi atty. I dont work in a COVID ward but Im an ER nurse and mostly we are the ones who is in the very frontline of COVID positive and or suspected COVID patients before anyone else in the hospital. Do i have a good chance that my Visa will be expidited? Im alreay current in this Aug.VB. Thanks

    ReplyDelete
    Replies
    1. Yes- you do, provided the 221g issue is solved.

      Delete
  8. What will be the impact of USCIS furloughs on these dates? Even if the dates are moved will there be a significant delay to print and approve green cards?

    ReplyDelete
  9. Hi Good day Sir Chris. Many of us were still amazed on how the visa bulletin progress. But the issue of 221g specifically in US EMBASSY -MANILA were still there. There were still applicants who put their cases in 221g status this month of july. Whats the best possible thing to do if you have already your interview date but my concern is my case will also be put in 221g jist like the others who had a complete documents presented?

    ReplyDelete
    Replies
    1. Hi! Ive heard that usually it is due to agency's contract issue. Most of the nurses under my agency were issued 221G. Is this true to all agencies? If so, perhaps the problem is in the embassy not the respective agencies...

      Delete
    2. Under what agency? and do you know the reasons why they are put under 221g?

      Delete
    3. This comment has been removed by the author.

      Delete
    4. Yes- The issue is that the Embassy is mis-interpreting employment contracts.

      Delete
    5. Hi atty. What the US embassy wants to see in the Nurse's contract. My employer sent me a new contract. They changed the salary, and the amount of the breach.

      Delete
  10. Hello, Atty!

    I hope you're doing well and safe. I would like to ask, I have been told by my Lawyer that Nurses under EB3 visas are included in the travel ban up until Dec. 31, 2020 unless we will working as a Covid Nurse in order be excluded from the travel ban.

    Please enlighten me. Thank you!

    ReplyDelete
    Replies
    1. Nurses and other health carer workers are not included in the april ban. The coverage of the april ban was only extended to Dec 31 2020. And there is a new guidelines (go to uscis site) that healthcare workers are exempted on the H1B ban.

      Delete
    2. Maximus and Clark are of course correct.

      Delete
  11. Hi Atty! Good day! Someone has messenged the NVC,asking if they are going to transfer the case to the designated Embassy for interview and the reply of the representative is No interview due to Covid.

    ReplyDelete
    Replies
    1. This is not true for immigrant visa nurses who specifically exempted.

      Delete
  12. Great day Atty? I appreciate your relentless help and effort to represent the HCWs. Have a question though, Are PTs exempted in the EO? PTs as a healthcare worker also work in patients recovering from Covid. Thanks and may God bless you and your team.

    ReplyDelete
  13. When will this 221G issues end.

    ReplyDelete
  14. Did the US embassy in Manila respond to you regarding the 221g Issues?

    ReplyDelete
  15. Hi Atty!

    I just got my NZ citizenship and passport. I’m now current on the August VB. Do I need to update NVC that i have changed my citizenship and passport?

    And on the medical exam, they ask for the passport. What should I use? Will it be the old PH passport that was on their file? Or the recent NZ passport?

    Hoping for your reply.

    Cheers!

    ReplyDelete
  16. Hello good day. Do you think EB3 PD June 16 2019 will be current for september visa bulletin.

    ReplyDelete
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