USCIS EXTENDS SUSPENSION OF IN-PERSON SERVICES DUE TO COVID-19

The USCIS has extended its suspension of all in-person services until at least June 4, 2020.  This cancellation includes interviews for green card cases, Naturalization ceremonies, and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume. 

The USCIS will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

USCIS staff continue to adjudicate cases and complete work that does not involve contact with the public.  USCIS will provide emergency services where the situation warrants doing so.

MAY 2020 VISA BULLETIN

The Department of State has just issued the May 2020 Visa Bulletin. This is the eighth Visa Bulletin of Fiscal Year 2020. This blog post analyzes this month's Visa Bulletin.

May 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- based	All Other	CHINA	INDIA	PHILIPPINES
1st	C	15JUL17	01AUG15	C
2nd	C	01OCT15	02JUN09	C
3rd	01JAN17	15MAY16	01MAR09	01JAN17

MU Law Analysis

This was an eagerly anticipated Visa Bulletin, but it disappointed.  MU continues to believe that the State Department will need to aggressively accelerate the dates in the next few months in order to ensure that all visas are used in fiscal year 2020.  The fact that the State Department did not include any comments at the end of the Visa Bulletin, after such a long delay in publication, was also discouraging.  MU will be asking questions to the DOS in order to try and get more answers.  We will publish those answers as they become available.

PRESIDENTIAL PROCLAMATION REGARDING TEMPORARY HAULT TO IMMIGRATION DUE TO COVID-19

President Trump has issued a Presidential Proclamation to temporarily stop the issuance of all immigrant visas (green cards) at Embassies abroad for sixty days effective midnight on April 23, 2020.  Contrary to the overarching language used in the President’s original tweet, the text of the Proclamation reveals that it will have very little impact on business immigration.

Importantly, this Proclamation does not apply to those who are already in the United States and applying for a green card, nor does it apply to those entering the US on a nonimmigrant visa, such as H-1B, TN, L-1, for F-1.  The Proclamation does not bar nonimmigrant visa extensions or transfers.

The Proclamation only applies to all those who are:

• outside of the United States between April 23, 2020 – June 23, 2020; and
• not in possession of either a valid immigrant visa or an official travel document, e.g. Advanced Parole; and
• Not one of the categories of immigrants who are exempt from the Proclamation.  

Specific categories of those seeking to enter the US on an immigrant visa are exempt from Proclamation. The exempt groups are:

• Permanent Residents of the US;

• Healthcare workers and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date);

• Other individuals coming to the US to perform work essential to combating, recovering from, or alleviating the effects of Covid-19 and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date). 

• Spouses and children of US Citizens;

• EB-5 investors;

• Individuals who are entering to assist law enforcement or who are members of the US Armed Forces;

• Special Immigrants in the SI or SQ Class and their family members; and

• Any person whose entry is in the national interest of the US as determine by the Secretary of State or Secretary of Homeland Security.

The Proclamation may be extended beyond sixty days if President Trump deems it necessary to do so.  If you have questions about your application and whether you are exempt from the Proclamation, please contact your MU attorney.

GOVERNMENT AID, COVID-19, AND PUBLIC CHARGE CONCERNS

Since the Covid-19 outbreak, many questions have arisen concerning government aid, its availability to foreign nationals, and the impact acceptance of various types of government aid will have on the public charge analysis.  Below is a summary of the available government aid and information about its impact on foreign nationals’ immigration situation.

Testing, Treatment, and (Potential) Vaccination

• Eligibility: Foreign nationals are eligible for testing, treatment, and any potential vaccine related to Covid-19. 
• Public Charge: Being tested, treated, or vaccinated for Covid-19 will not be considered in the public charge analysis.  The USCIS has specifically stated that “testing, treatment, and preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” will not be considered as part of a public charge determination. 

CARES Act Stimulus

• Eligibility: Foreign nationals may be eligible for the Cares Act stimulus if the foreign national has a social security number and is either (a) a permanent resident, a/k/a green card holder, or (b) has spent enough time in the US that the foreign national meets the IRS substantial presence test. 
• Individuals who have filed a tax return in 2018 and reported an Adjusted Gross Income (AGI) of up to $75,000 ($150,000 if married/filing jointly) may receive one‑time cash payments of $1,200 ($2,400 if married plus $500 per child).  Those with an AGI over $99,000 ($198,000 for married couples) will not receive a payment.  Some payments may be less for individuals with an income over $75,000 ($150,000 for married couples) but under $99,000 for individuals ($198,000 for married couples). 
• Public Charge: Accepting CARES Act stimulus payments will not be considered in the public charge analysis.  Because the CARES Act stimulus payments are considered tax credits, they will not be considered under the public charge analysis.  The public charge rule is clear that tax credits, including the Earned Income Tax Credit and Child Tax Credit, are not taken into account for the purpose of the public charge rule.

Unemployment

• Eligibility: Eligibility for unemployment varies from state to state.  You should contact an employment law attorney in your state to determine if you are eligible for unemployment benefits.
• Public Charge: Applying for and accepting unemployment will not be considered in the public charge analysis.  The public charge rule explicitly states unemployment benefits are not considered “public benefits” under the public charge inadmissibility determination as unemployment is considered an earned benefits. 

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: The USCIS recently announced that it may excuse some delays in filing immigration cases in a timely manner. USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond the applicant’s control, such as those that may be caused by COVID-19.

Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60-day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel. 

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to several countries within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

USCIS RECEIVES 275,000 H-1B CAP REGISTRATIONS

USCIS announced that it has received “nearly” 275,000 H-1B cap registration during the March 1-20 filing period, including petitions filed for the advanced degree exemption.  This is considerably more than the 190,000 H-1B petitions received during the April 2018 (Fiscal Year 2019) filing period and 201,000 during the April 2019 (FY 2020) filing period.

USCIS is in the process of notifying H-1B cap lottery winners.  Based on the Congressional H-1B cap of 85,000 H-1B cap winners, Petitioners should expect about 31% of their H-1B cap filings to be H-1B cap winners because Congress only allows the USCIS to approve H-1B cap petitions.  H-1B winners have 90 days to submit their full H-1B cap petition to the USCIS. 

MU Law’s numbers track the USCIS macro-number.  So far, we have received notice that about 30% of our total registrations are H-1B cap winners.  MU Law is in the process of contacting H-1B winners. 

Unlike in past years, the USCIS will continue to update the H-1B cap winners list.  Therefore, additional winners may be added throughout the spring and summer.  USCIS is not expected to contact any H-1B lottery losers until all 85,000 approval notices are issued or the end of the 2021 fiscal year.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency.

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

 On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly

HEALTHCARE PROFESSIONALS WITH AN APPROVED IMMIGRATION PETITION SHOULD CONTACT THEIR NEAREST US EMBASSY OR CONSULATE

The US Department of State has issued a statement that all medical professionals, particularly those working to combat Covid-19, should contact their nearest US Embassy to request a visa appointment.  If you are a medical professional and have an approved I-129, I-140 or other immigration petition, you should contact the US Embassy or Consulate nearest to you to schedule a visa appointment as soon as possible.  Even if the Embassy is currently closed to routine interviews, an interview may be granted for a medical professional. 

The medical professional with an approved I-140 must have a current priority date.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

Interviews and In-Person Appointments: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

UPDATE ON MU’s RESPONSE TO THE COVID-19 CRISES

As you may have heard, the State of Ohio has issued a Stay At Home Order.  This Order compels all non-essential businesses to close through April 6, 2020.  Under the Order, “Legal Services” is an essential business and therefore allowed to operate.  Accordingly, MU will remain open although we have increased our work from home program for all employees.

The health and safety of our staff is of primary importance.  We believe that by increasing our employee’s ability to work from home, we can continue to timely file all petitions and be as responsive as ever to client’s needs and concerns.  We hope that all MU clients and friends continue to stay safe during this extraordinary time.

USCIS SUSPENDS PREMIUM PROCESSING FOR I-140 AND I-129 PETITIONS

From the USCIS Press Release:

“U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).

Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, we will not be able to send notices using pre-paid envelopes. We will only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund, consistent with 8 CFR 103.7(e). We will notify the public with a confirmed date for resuming premium processing.

USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20 but not yet accepted.

This temporary suspension includes petitions filed for the following categories:

I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

I-140: EB-1, EB-2 and EB-3.

This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap. USCIS previously announced the temporary suspension of premium processing for FY 2021 cap-subject petitions and tentative dates for resumption of premium processing service. This announcement expands upon and supersedes the previous announcement.”

IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.

Emergency appointments and services will be provided by the USCIS in limited situations. 

Department of State: Most US Embassies have also suspended interviews in an effort to slow the spread of Covid-19.  You can find country specific information from the US Department of State about Covid-19 here.

Travel Restrictions:  Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;

• Spouses of US Citizens and Lawful Permanent Residents;

• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;

• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;

• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and

• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

USCIS TEMPORARILY SUSPENDS PREMIUM PROCESSING FOR FY2021 CAP-SUBJECT PETITIONS

The USCIS will temporarily suspend H-1B Cap petitioner’s ability to use the premium processing service.  On or before May 27, 2020, USCIS will resume processing for cap-subject H-1B petitions who hold F-1 student nonimmigrant status.  This will allow F-1 students first priority at the premium processing service. 

USCIS will allow all other cap-subject H-1B petitions to use the premium processing service no later than June 29, 2020. 

MUSILLO UNKENHOLT’S RESPONSE TO THE CORONAVIRUS

Musillo Unkenholt LLC continues to monitor the Coronavirus (COVID-19) situation closely and how it may impact our teams, clients, and operations.  The health and safety of our staff is of primary importance.  Here in Ohio, the governor has taken the extraordinary step of not only closing all schools, but also closing all restaurants and bars.  The experts are telling us that the one thing that we can all do to fight the spread of this disease is to reduce social contact.

Similar to many of the unprecedented changes taking place here in Ohio and across the globe, MU is enacting a new work policy aimed at reducing social contact. 

Starting Tuesday March 17, we are asking all employees to mainly work from home.  Employees will come to the office in 2-hour daily shifts in order to photocopy, scan, print, and file immigration petitions.  By reducing our employees contact with each other by two-thirds, MU is doing our part to emphasize social distancing.

Employees will still be working regular hours and so while some inefficiencies are inevitable, rest assured that all petitions will be timely filed, with priority given to urgencies and legal deadlines.  We hope that all MU clients and friends stay safe during this unprecedented time.

IF YOU FEEL ILL, RESCHEDULE YOUR APPOINTMENT WITH USCIS

The USCIS has indicate that there will be no penalty for rescheduling appointments due to illness because of the COVID-19 outbreak. 

If you become ill for any reason, even if you were not exposed to COVID-19, USCIS advises that you do not attend your appointment at a USCIS office. You should follow the instructions on your USCIS appointment notice to reschedule an appointment with the USCIS. 

You should reschedule your USCIS appointment if you:

• Were in any country designated as a "level 3" by the Centers for Disease Control and Prevention (CDC) within 14 days of your appointment;
• Believe that you may have been exposed to COVID-19 (even if you were not in a level 3 country);
• Are experiencing flu-like symptoms (such as a runny nose, headache, cough, sore throat or fever). 

USCIS wants to ensure the safety of foreign nationals and USCIS employees.  There is no penalty if you reschedule your appointment at this time.

MASSIVE CHANGES TO IMMIGRANTS CEAC STATUS FROM ADMINISTRATIVE PROCESSING TO REFUSED

The DOS’ CEAC webpage underwent a massive terminology change.  As of March 5, 2020, all CEAC status that had said “Administrative Processing,” now says “Refused.”  According to an update on the DOS’ CEAC website indicates that this is a termination change that is not an actual change to anyone’s visa applications’ status.

From their webpage: “There has been no change in such applicants’ actual cases. This is an administrative change to more accurately communicate case status to applicants.”

Here is the full statement:

Visas: CEAC Case Status Change

Last Updated: March 5, 2020

On March 3, 2020, the Department of State made an update to the Consular Electronic Application Center (CEAC) website, our online portal for visa applicants. A visa applicant whose case previously displayed as being in “Administrative Processing” on his or her case status page now displays as being “refused.”

There has been no change in such applicants’ actual cases. This is an administrative change to more accurately communicate case status to applicants.

Visa applicants whose case status on CEAC had previously displayed as “Administrative Processing” had been refused under section 221(g) of the U.S. Immigration and Nationality Act (INA).

Although some refusals under INA section 221(g) can be overturned, the change in the CEAC correctly reflects that the applicant’s visa application has been refused.  That status may change if the applicant can demonstrate to a consular officer he or she is eligible for a visa or if information comes to the attention of the consular officer from other sources that resolve any outstanding issues relating to the applicant’s eligibility for the visa.

The applicant should refer to the instructions the consular officer gave at the end of the visa interview and to travel.state.gov/visas for more information about his or her case.

DOS: NO EB-3 PROGRESSION UNTIL AT LEAST UNTIL MAY OR JUNE

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association.  Mr. Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

Charlie offered a number of interesting observations about the March Visa Bulletin, which resulted in a retrogression for EB-3.

-Because of the potential for USCIS to move resources to EB-1 and EB-2 and the unpredictability in processing times that will be caused by such a resource allocation, Charlie does not expect any forward movement to the EB-3.  The absolute earliest would be the May 2020 or June 2020 Visa Bulletin, but EB-3 could remain at January 2017 until the end of the fiscal year.  Charlie did assure readers that

-While it is expected that the implementation of the public charge rules may slow USCIS processing times, any potential slowdown at USCIS has not been factored into the March Visa Bulletin.

-DOS was not surprised that the retrogression happened in March, in spite of the January and February progression of dates in some EB-3 categories.  DOS wanted to wait until it was certain that the increase in demand was not showing any signs of decline.

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.

WHAT DOES THE PHILIPPINE AND WORLDWIDE RETROGRESSION MEAN FOR EB-3 VISAS?

The March 2020 retrogression of the EB-3 category means that the US government has "overshot" their usage of visas in Fiscal Year 2020 (Oct 2019 - Sept 2020).  In order to remedy this, the government retrogresses the visas, which serves as a pause on the issuance of new visas.  The Philippine EB-3 date retrogressed because of increasing demand for Worldwide immigrant visas.  The Worldwide cut-off date can never be less favorable than any other country’s date.

This happens every few years.  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 because, from time to time, the government's pause has its intended effect and more visas can be released before year-end.

If you are in any part of the visa process and you do not have your visa issued before March 1, 2020, your case will be held in abeyance at the Embassy or NVC, unless you have a priority date earlier than January 1, 2017 (Worldwide and Philippines). 

MARCH 2020 VISA BULLETIN: RETROGRESSION FOR EB3

The Department of State has just issued the March 2020 Visa Bulletin. This is the sixth Visa Bulletin of Fiscal Year 2020. This blog post analyzes this month's Visa Bulletin.

March 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- based	All Other	CHINA	INDIA	PHILIPPINES
1st	01MAR19	01JUN17	01MAR15	01MAR19
2nd	C	15AUG15	22MAY09	C
3rd	01JAN17	22MAR16	15JAN09	01JAN17

MU Law Analysis

All Other: The All Other EB-1 had a four-month progression and the EB-2 category remained current.  Both should stay in their current ranges for the foreseeable future.  The EB-3 is retrogressed back to Jan 2017.  This retrogression occurred in all categories, except for China and India, where the retrogression is worse.  No forward movement is expected in EB3 for the rest of the fiscal year.  Demand in All Other EB-3 Adjustment of Status cases is responsible for the retrogression.

China: All Chinese EBs improved slightly.  Chinese EB-3 will not progress beyond the January 2017 retrogression date in all other EB-3 categories.

India:  There was virtually no progress for India.  We continue to expect very little progress in either category in future months.

Philippines:  The Philippine EB-3 number continues to confound.   We were encouraged by the three-month progression in EB-3 in February, only to be surprised by the retrogression back to January 2017.  Adding to the complexity is that virtually no Philippine EB-3s have been issued at Manila since the beginning of the year