OCTOBER 2020 VISA BULLETIN: EB-3 CURRENT FOR ALL BUT CHINA, INDIA

The Department of State has just issued the October 2020 Visa Bulletin. This is the first Visa Bulletin of Fiscal Year 2021. This blog post analyzes this month's Visa Bulletin.

October 2021 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	01JUN18	01JUN18	C
2nd	C	01MAR16	01SEP09	C
3rd	C	01JUL17	15JAN10	C

MU Law Analysis

This was the Visa Bulletin that we have been expecting for some time.  Because of the State Department’s inability to issues immigrant visas for much of 2020, there are many, many immigrant visas that are now part of allocation for the new fiscal year. 

Both the Philippines and Worldwide (All Other) EB-3 have become current.  We expect these categories to stay current for the foreseeable future.  The only constraint to the Philippine EB-3 visas being issued is the capacity at the Embassy in Manila. 

The good news extended to India.  India EB-1, EB-2 and EB-3 all moved forward, about 3-5 months in all of these categories.  Similarly, China EB-1, EB-2 and EB-3 all moved forward at about the same rates as India.  We do not expect a retrogression in these categories.

PUBLIC CHARGE RULE IS REINSTATED BY USCIS

On September 22, 2020 the USCIS reinstated the new public charge rule. 

Guidance on the USCIS website states that the USCIS will apply the public charge rule to all petitions postmarked after February 24, 2020. 

USCIS will not re-adjudicate any cases which are already approved, but may issue an RFE for any evidence required by the public charge rule on those cases still pending.  Any cases filed after October 13, 2020 without the forms, information, or evidence required by the public charge rule will be rejected.  The I-944 is now re-published on the USCIS website.

As background:

• In August 2019 the new public charge rule was announced by the Department of Homeland Security.  

• In early October 2019 the new public charge rule was implemented by the USCIS.  In mid-October 2019, the implementation of the new public charge rule was suspended after a law suit was filed. 

• In February 2020 the new public charge rule was implemented after the US Supreme Court lifted the nationwide injunction on January 27, 2020. 

• In July 2020, a District Court Judge in New York stopped the USCIS and DOS from enforcing, applying, implementing, or treating as effective the new public charge rule during the national health emergency declared by President Trump due to Covid-19. On July 31, 2020 USCIS announced that in response to this ruling USCIS will not consider any information or documentation provided with the I-944 on applications filed after July 29, 2020 and removed the form I-944 from its website.