November 2019 Visa Bulletin

Introduction

On October 9, 2019, the U.S. Department of State (DOS) published the Visa Bulletin for November 2019, containing the dates for filing and final action dates for family-sponsored and employment-based immigrant visa petitions during the month [PDF version]. On October 18, 2019, the United States Citizenship and Immigration Services (USCIS) determined that both family-sponsored and employment-based beneficiaries of approved immigrant visa petitions in the preference categories must use the more favorable filing dates to determine eligibility to file for adjustment of status in November 2019 [PDF version].

In this article, we will examine the relevant charts and news and notes from the first visa bulletin of FY-2020. We discuss using the visa bulletin as an adjustment of status applicant generally in an 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 beneficiaries of approved family-sponsored immigrant visa petitions in the preference categories in every preference except F2A must use the dates for filing from the Visa Bulletin for November 2019 to determine eligibility to file for adjustment of status during the month. While those with approved immigrant visa petitions in the F2A preference (spouses and unmarried children under the age of 21 of lawful permanent residents) must use the final action dates from the November Visa Bulletin, this actually works to their benefit since the final action date for the month is “current.”

In order to be eligible to apply for adjustment of status in November 2019 on the basis of an approved family-sponsored preference petition, the applicant's priority date must be before the applicable filing date cutoff (or in the case of F2A, final action date cutoff) listed on the November 2019 Visa Bulletin for the applicant's preference category and chargeability area. Because the F2A final action date is current, the beneficiary of an approved immigrant visa petition in the F2A preference may apply for adjustment in November 2019 regardless of his or her priority date, provided that he or she is otherwise eligible to apply for adjustment of status. Any adjustment applicant based on a preference petition must meet the generally applicable requirements for adjustment of status in addition to qualifying under the monthly 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 November 2019:

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

For reference purposes, the following are the final action dates for family-sponsored preference cases from the November 2019 Visa Bulletin (adjustment applicants outside of the F2A preference must refer to the filing dates):

Employment-Based Cases

The USCIS has determined that beneficiaries of approved employment-based preference petitions must use the dates for filing from the November 2019 Visa Bulletin for purpose of determining eligibility to apply for adjustment of status during the month. In order to be eligible to apply for adjustment of status during November 2019 on the basis of an approved employment-based preference petition, the beneficiary's priority date must be before the applicable filing date cutoff for his or her preference category and chargeability area on the Visa Bulletin for November 2019. Beneficiaries of approved employment-petitions in preference categories/chargeability areas with a priority date of “current” (denoted as “C” on the charts) may apply for adjustment regardless of their priority dates, provided that they are otherwise eligible to apply for adjustment of status. Any adjustment applicant based on a preference petition must meet the generally applicable requirements for adjustment of status in addition to qualifying under the monthly visa bulletin.

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 November 2019:

For reference purposes, the following are the final action dates for employment-sponsored preference cases from the November 2019 Visa Bulletin (adjustment applicants must use the filing dates chart):

Conclusion

Individuals seeking to immigrate to the United States and, where applicable, their petitioners, should consult with an experienced immigration attorney throughout the entire process. In the case of immigrant visa preference petitions, an attorney may assist whether the beneficiary intends to pursue an immigrant visa through consular processing abroad or through adjustment of status from within the United States. Petitioners and beneficiaries should stay abreast of developments in the monthly immigrant visa bulletins. This is especially important for beneficiaries who are planning to apply through the adjustment of status process.