DECEMBER 2020 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the December 2020 Visa Bulletin. This is the third Visa Bulletin of Fiscal Year 2021. This blog post analyzes this month's Visa Bulletin.

December 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	01APR19	01APR19	C
2nd	C	01MAY16	01OCT09	C
3rd	C	01NOV17	15MAR10	C

Table B: Dates of Filing

The USCIS again announced that it will allow the more favorable Date of Filing chart for I-485 Adjustment of Status. This means that all employment-based immigrants in EB-1, EB-2 or EB-3 can file their I-485s.  However, if they are natives of India or China, their priority date must be earlier than these dates:

Employment Based	CHINA-mainland	INDIA
1st	01NOV20	01NOV20
2nd	01OCT16	15MAY11
3rd	01JUN18	01JAN15

MU Law Analysis

Unlike last month, the DOS issued a timely Visa Bulletin for December. 

Both the Philippines and Worldwide (All Other) EB-3 continue to be current.  We expect these categories to stay current for the foreseeable future.  The only constraint to the Philippine EB-3 visas being issued is the capacity at the Embassy in Manila.  It remains to be seen how increasing COVID infection rates bear on embassies capacities.

India had another month defined by variance.  India EB-1 moved ahead six months.  India EB-2 and EB-3 each moved ahead by about 1-2 weeks.  The interesting news was that the Dates of Filing for India EB-3 retrogressed by a year, reflecting the fact that an enormous number of India EB-3 I-485s have been filed in October and November.  This retrogression probably means that no further material progress will happen in India EB-3 for a long time.

China EB-2 and EB-3 both moved forward by a few weeks, a trend that may continue.  China EB-1 showed more progress than expected, perhaps because of declining rates of visa issuance out of the American posts in China.

MU expects that future Visa Bulletins will continue to have positive news, including slow but continued forward progression in the Chinese and Indian categories.  We also expect the Philippine and Worldwide categories will remain current for the foreseeable future.

UPDATE: SCHEDULED WEBINAR PLATFORM CHANGED

The platform for MU’s webinar scheduled for Monday, November 16th at 2PM Eastern (1PM Central) discussing the Recap of Changes from the USCIS, DOL, AND DOS has changed from Livestorm to Zoom.
  
If you have already registered for Monday’s webinar, you will receive an email with your invite to the Zoom webinar. If you had not previously registered, you can still join the webinar. Click on Join the Webinar below.  No registration required.

Join the Webinar

UPDATE: SCHEDULED WEBINAR PLATFORM CHANGED

The platform for MU’s webinar scheduled for Monday, November 16^th discussing the Recap of Changes from the USCIS, DOL, AND DOS has changed from Livestorm to Zoom.

  
If you have already registered for Monday’s webinar, you will receive an email with your invite to the Zoom webinar. If you have not yet registered, there is still time to register by clicking on the link below.

REGISTER HERE

DHS PROPOSED RULE TO SELECT ONLY THE HIGHEST WAGES IN H-1B CAP

On November 2, 2020, DHS published in the Federal Register its proposed new rule for the 2021 CAP that would give priority to H-1B CAP candidates whose employer promises to pay the highest of the Occupational Employment Statistics (OES) wage levels. 

The OES categorizes wages from Levels I through IV for a particular position in a Metropolitan Statistical Area (MSA). In the H-1B context, the employer then chooses the appropriate wage level based on the experience and complexity of the position and can file a Labor Condition Application (LCA) using the OES wage assigned. 

According to the DHS’s proposed rule, only those H-1B CAP registrations offering the highest OES wage levels would be selected for filing in the 2021 CAP. This means that DHS would first accept Level IV wages, then Level III, etc. 

Keeping with the 2020 CAP changes, the USCIS’s current intent is to continue its electronic pre-registration system, requiring first a registration period of CAP petitions, and a later period of filing. DHS’s proposed rule intends to add a wage level question to its pre-registration form so that only the highest wage levels are selected for filing. 

The Master’s CAP, an allotment of 20,000 H-1Bs designated only for candidates possessing a master’s degree from an accredited U.S. university, is also in place for the 2021 CAP period. 

The proposed rule is currently accepting comments from the public until December 2, 2020, to which DHS will then respond and may alter some elements of the rule. 

RECAP OF CHANGES FROM THE USCIS, DOL, AND DOS

MU Law will be hosting a free webinar for our clients and friends on Monday, November 16, 2020 at 2PM Eastern (1PM Central). Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Join us for this FREE webinar to learn more about:

• The new USCIS rule on qualifying for H-1B

• The new DOL rule on wage calculations and alternative wage surveys

• Pending law suits on the new H-1B and wage rules

• The new USCIS rule on the H-1B lottery system

• The Public Charge rule

• The Visa Bulletin

• The new USCIS rule on F-1 duration of status

• Post-Election debrief and a look forward 

PLEASE JOIN US!