Friday, June 19, 2020

EMPLOYMENT BASED IV QUOTA COULD INCREASE BY 60,000 IN FY 2021


The Department of State expects that there will be “significant advancement” in many categories, including all EB-1s and EB-5s, as well as EB-3 Worldwide and Philippines, starting in FY 2021 (October 2020 Visa Bulletin). This is terrific news for all EB IV applicants.

The news come from the Department of State’s Charlie Oppenhiem, who is always gracious with his time.  Charlie’s monthly AILA Q&As, Check In With Charlie, are always informative.  This month’s Check In contained many interesting answers, including answers to questions posed by MU attorneys.

Charlie expects that the Family-Based Immigrant Visa category will be underused by about 60,000 visas, as a result of slowdowns in processing related to COVID-19.  US law says that when the FB IV does not meet its quota, all of those visa flow into the Employment-Based category in the next fiscal year.  Therefore, Charlie expects the EB category to increase from 140,000 to about 200,000 visas in FY 2021. 

This means that the per country quotas, which are normally about 10,000 IVs, will increase to approximately 14,000 IVs per country.  It is this increase in EB visas that will lead to the dramatic progressions in October 2020.

Charlie also helpfully explained that while he could have progressed the Visa Bulletin more aggressively in June and July, he did not do so because “processing capacity at both consular posts and USCIS is diminished due to the pandemic.”  Therefore, Visa Bulletin progressions would not have meant increased visa umber usage and may have resulted in a future retrogression, which he tries to avoid.

56 comments:

  1. This comment has been removed by the author.

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  2. what do you mean by: Visa Bulletin progressions would not have meant increased visa umber usage and may have resulted in a future retrogression, which he tries to avoid.?? is there any retrogression before october? or this year? thank you

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    Replies
    1. I do not expect a visa retrogression in October.

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  3. Good afternoon Chris,

    1. Does this 60000 visa benefit EB2 - India as well? I did not see you mentioning about EB2 benefitting due to the spillover... as such I am asking

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  4. Chris, If Charlie did not want to avoid retrogression-any reason why he progressed EB1 India by 10 months and EB2 India by only 1 month? Thanks

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    Replies
    1. There are a lot of AOS India EB2s that will be approved in the next 3 months. There are few AOS India EB1s that will be approved in the next 3 months.

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  5. Is it possible that i will be current on next VB? My PD is June 18, 2018

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  6. Worldwide eb3 will be current in October means will it benefit an Indian nurse who have PD JULY 2018.

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    1. This comment has been removed by the author.

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    2. i hope so,but i think it will not

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  7. Good day,

    Will proclamation 10014 affect spouse and children below 21 of nurses that are still waiting for an interview?

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    Replies
    1. No. It will not affect follow to join who are below 21.

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  8. Will proclamation 10014 affect Nurses under EB3 Immigrant visa?

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  9. Good day atty.
    Is the proclamation 10014 affect children over 21 years old ? Thank you

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    Replies
    1. Children over 21 are not employment based. They are family based. See next blog.

      Delete
  10. Thank you. I liked this blog. How fast EB2 india will progress in August/September. Because of decline in processing capacity, would uscis allow greencard visas to be wasted? I was expecting faster progress in July. Is Charlie not going to advance dates in August/Sept due to decline in capacity?

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    Replies
    1. We might see continued progressions of a few weeks or months in India EB2 for the rest of the fiscal year.

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  11. I would like to ask if there is a chance that the VB for EB3 Philippines will advance to September 2019 before the end FY 2020? Also are we going to know this July if HWRA will become a law?

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    Replies
    1. I dont think it will move that fast. HWRA will probably be decided by Aug 1.

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  12. What are your estimates on movement for EB2 India? Would appreciate your input on this.

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  13. Why eb2 didn't move in this VB ?

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