October 2019 Visa Bulletin

Introduction

On September 9, 2019, the U.S. Department of State (DOS) published the Visa Bulletin for October 2019 — the first immigrant visa bulletin of fiscal year 2020 [PDF version]. The United States Citizenship and Immigration Services (USCIS) subsequently determined that nearly all family-sponsored and employment-based adjustment of status applications must use the favorable dates for filing from the October Visa Bulletin to determine eligibility for filing for adjustment of status during the month [PDF version]. The lone exception — the F2A preference — has current final action dates for October 2019.

In this article, we will examine the relevant charts and news and notes from the first visa bulletin of FY-2020. To learn about using the visa bulletin as an adjustment of status applicant generally, please see our introductory article on the subject [see article]. We discuss the difference between the final action dates and the dates for filing in an older post [see article]. You can see our past posts on monthly visa bulletins in a growing topic index [see article].

Family-Sponsored Cases

The USCIS determined that all family-sponsored foreign nationals seeking adjustment of status in October 2019 must use the dates for filling charts from the October 2019 Visa Bulletin, except those in the F2A category for the spouses and unmarried children under the age of 21 of lawful permanent residents, who must use the final action dates. However, because the final action dates in the F2A category are “current,” this news is not at all favorable to the spouses and children of lawful permanent residents.

In order to be eligible for adjustment of status based on an approved family-sponsored immigrant visa preference petition in October 2019, individuals in all categories except for F2A must have a filing date before the applicable filing date cutoff for their preference category and chargeability area. Because the final action date in the F2A category is current, any beneficiary of an approved F2A petition who is otherwise eligible for adjustment may file for adjustment in October 2019, regardless of priority date. An individual must meet the general requirements for eligibility to apply for adjustment of status in addition to having an early enough priority date under the October Visa Bulletin.

The priority date in family-sponsored cases is generally the date on which the underlying immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the final action dates for F2A cases in October 2019:

The following, courtesy of USCIS, are the dates for filing for all non-F2A cases from the October 2019 Visa Bulletin:

Although non-F2A family-sponsored adjustment hopefuls must use the dates for filing in October 2019, we are including the final action dates for family-sponsored cases from the October 2019 Visa Bulletin below for reference purposes only:

Employment-Based Cases

The USCIS has determined that the beneficiaries of approved employment-based preference petitions must use the dates for filing from the October 2019 Visa Bulletin. This comes as welcome news for beneficiaries of employment-based petitions seeking adjustment since they were required to use the less favorable final action dates for the last several months of the previous fiscal year.

In order to be eligible for adjustment of status in October 2019, the beneficiary of an approved employment-based preference petition must have a priority date earlier than the applicable filing date cutoff for his or her preference category and chargeability area. The individual must also be otherwise eligible to apply for adjustment of status.

In employment-based cases requiring labor certification, the priority date will generally be the date on which the corresponding labor certification application was accepted for processing by the U.S. Department of Labor (DOL). In cases not requiring labor certification, the priority date will generally be the date on which the immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the dates for filing for employment-based cases in October 2019:

For reference purposes only, the following are the final action dates for employment-based cases in October 2019:

Projections for Coming Months

The DOS published projections for forward movement in the final action dates in the coming months. The projections are made through January 2020. The DOS cautioned that it may need to set different final action dates than it currently projects due to fluctuations in applicant demand for visa numbers and other variables.

Family Sponsored Forward Movement Projections (Worldwide):
F1: Up to two months
F2A: Current, but corrective action should be expected by February 2020
F2B: Up to six weeks
F3: Up to one month
F4: Up to six weeks

Employment First Forward Movement Projections:
Worldwide: Up to three months
China: Up to three months
India: Up to one week

Employment Third Forward Movement Projections:
Worldwide: Current
China: Little if any forward movement
India: Little if any forward movement
Mexico: Will remain at Worldwide date
Philippines: Up to several months

Employment Fourth:
Current for most countries
El Salvador, Guatemala, and Honduras: Little if any forward movement
Mexico: Up to four months

Employment Fifth:
Current for most countries
China, India, and Vietnam: Too early to predict

Conclusion

Those seeking to immigrate to the United States or to petition for another to immigrate should consult with an experienced immigration attorney throughout the process. An attorney may help a foreign national apply for an immigrant visa through the consular processing process or through adjustment of status in the United States. Those seeking immigrant visas in one of the preference categories should stay abreast of the monthly immigrant visa bulletin. This is especially important for those who are planning to affirmatively apply for adjustment of status.