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- |
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.
Hi, Atty! Do you have an estimate timeline when would july 2019 PDs be interviewed? Is USEM doing any routine interviews now or totally close? Thank you!
ReplyDeleteBtw, this for USEM Manila. Thanks!
DeleteNo - Unfortunately the embassy is short staffed because of COVID and so the interviews are inconsistent
DeleteHello Sir,
ReplyDeleteDo you think the EO banning the visa entry until the end of Dec 2020 might be extended for more months to 2021? Aside from the positive Visa Bulletin will the rest of the process be moving forward aside from the essential workers?
Thank you very much!
No - but if it is extended, I doubt that the incoming Biden administration will keep the ban in place.
DeleteFor someone who has a PD of april 2020 and dq oct 2020. Do you have a guesstimate when the id will be? Thanks!
ReplyDeleteUnfortunately the embassy is short staffed because of COVID and so the interviews are inconsistent.
DeleteGood atty.
ReplyDeleteWhat would you think will happen to visa bulletin if biden will start his work January? Would still remain current for ph ? Would embassy in manila will accommodate more applicants ?
I think that it will be better but the biggest issue is the COVID rate keeping the embassy at a small staff
DeleteSir i was interviewed and my husband was not because he can nit attend his interview due to travel restriction. I will be going to the US first. Can he go to the US using tourist visa while waiting for his interview in the philippines? Will that affect his immigrant application soon?
ReplyDeleteIs it safe to go home to the Philippines now that I have visa? Some says that it is risky because Biden will be seated as a president and we don’t know his strategy to combat Covid in his time..
Generally speaking, he should NOT enter the US on the tourist visa.
DeleteHaving said that you may want to seek a qualified attorney to address the specific situation.
I think any travel has an element of risk in light of global infection rates.