Friday, February 21, 2020

STRATEGIES FOR DEALING WITH THE EB-3 RETROGRESSION


The March 2020 retrogression of EB-3 has significant consequences for those who are in the immigrant visa process.  It is expected that between March 1 and September 30 of this year, immigrant visas/green cards will only be issued to immigrants who have a 2016 priority date or earlier.  When the first bulletin of the next fiscal year is released in late September, we expect the Rest of World EB-3 to return to current and the Philippines EB-3 to have a roughly 18-24-month retrogression.  

Below are strategies for EB-3 immigrant applicants in various stages of the immigrant visa process:

Immigrants who will be adjusting status
USCIS has indicated that the dates for filing chart can be used in March. This means that the I-485 can only be filed if the immigrant has a priority date earlier than January 1, 2019.  This applies to both Filipino and Rest of World immigrant applicants. 

Immigrants currently at NVC phase with fee bill
If the applicant has already received fee bills, then the case can continue to be processed until the documentarily qualified notification is received from NVC.  An embassy interview will not be scheduled until the immigrant’s priority date is current under the final action chart which for March is January 1, 2017.  This applies to both Filipino and Rest of World immigrants.

Immigrants with approved I-140 but no fee bill
Immigrants should only receive the fee bill if the priority date is earlier than the date for filing of January 1, 2019, only we often see the NVC issue fee bills to those who have priority dates later than the dates of filing chart.  Those immigrants with 2019 and 2020 priority dates will receive a letter from NVC explaining that the case cannot move forward and a fee bill issued until the priority date is current under the date for filing chart.  Rest of World immigrants will continue to receive fee bills and be able to proceed through the NVC process but will not be able to receive an embassy interview until current under the final action chart.

Immigrants with embassy interviews scheduled for March
We expect these interviews will be rescheduled by the Embassy or Consulate until the priority date is current under the final action chart.

20 comments:

  1. Hi my PD is aug2016. Will it be safe to have the interview done? I am afraid for the denial knowing that there hasnt been any visaEB3 issued in USEM manila this year.

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    Replies
    1. We are recommending postponing interviews until the situation in Manila is fixed.

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  2. How about those visa status that are in 221g and roughly with march 2018 Priority dates? Will our case be reviewed? Will we be informed that our visa our issued but just need to wait for the pd'sto be current?

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  3. Dear Atty Musillo,

    Did you mean EB3 phils will retrogress further at the beginning of the new FY?

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  4. Hi chris, to what ive read next fiscal year we expect a 18-24 month retrogression meaning we will wait until all adjustment of status will be served visas. Correct me if Im wrong, as per what is stated above I will wait until FY 2022 to be scheduled for visa interview? My pd is june 2018 i am already Document qualified. Thanks more power

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    Replies
    1. No. You do not have to wait until AOS are clear. If you are June 2018 you should be current early in the next FY.

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  5. Hi atty. how about those case that was refused and sent back to uscis for additional processing. Will the uscis review those cases? Are we also affected on this retrogression? Thank you.

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    Replies
    1. The retrogression and the Manila refusals are two independent matters.

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  6. hi same PD here, june 2018. You think that's what he meant? Or it means that, 24month retro from the current date. So by September 2020 to VB for pH eB3 is September 2018.

    ReplyDelete
    Replies
    1. If you are June 2018 you should be current early in the next FY.

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  7. Will the table B or date of filling move forward? I already have a PD bur still no visa bill.

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  8. Good day Atty.
    Is there a possibilty for us july 2018 eb3PH be current this year? Thanks

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    Replies
    1. Visa approvals will slow or stop starting in March, until the end of the fiscal year in September. In October 2020, new allotment 140,000 visas are released into the system. There is a chance that more visas are released into the system before the end of the Fiscal Year.

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  9. Atty,
    My PD is 2007 and I am scheduled for March last week for the interview. Do I need to reschedule again? But there is no new available dates shown as of now in the US embassy so means to say I wil stick with my original interview date?

    ReplyDelete
    Replies
    1. Good news. If your PD is 2007, you are able to obtain a visa.

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  10. Hi atty, you mean to say that this coming october 2020, the possible pd will be july 1, 2018- jan 1, 2019?

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