OCTOBER 2019 VISA BULLETIN – HR 1044 and S 386

The October Visa Bulletin was issued today and the applicable filing dates for EB-2 Adjustment of Status for most countries are now current and the EB-1 priority dates, while still not current, have also moved forward considerably.   Additionally, USCIS just announced that it will be using the “Dates For Filing” chart (as opposed to the “Final Action Dates”) for determining when we can file your Adjustment of Status application.  This is great news! Also, today it was announced that Senate Bill 386 many pass the Senate Floor through Unanimous Consent. I will address both these important happenings below.

EB-2 PRIORITY DATES FOR OCTOBER 2019

ALL COUNTRIES: The October Visa Bulletin lifted the retrogression for ALL COUNTRIES with the exception of China and India.

CHINA: The applicable filing date for China is now August 1, 2016.

INDIA: The applicable filing date for India is now January 1, 2015.

EB-1 PRIORITY DATES FOR OCTOBER 2019

ALL COUNTRIES EXCEPT LISTED: The applicable filing date for all countries is now July 1, 2019 which is a considerable improvement. 

CHINA: The applicable filing date for China is now September 1, 2017.

INDIA:  The applicable filing date for India is now March 17, 2017.

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO  PHILIPPINES 
1st 01JUL19 01SEP17 01JUL19 15MAR17 01JUL19 01JUL19
2nd C 01AUG16 C 01JUL09  C C
3rd C 01MAR17 C 01FEB10 C C
Other Workers C 01AUG08 C 01FEB10 C C
4th C C 15AUG16 C C C

WHAT DOES THIS MEAN?

Your priority date for NIW EB-2 and EB-1 is established the date your I-140 petition is filed.  Your priority date must be before the date listed on the chart above in order for us to file your Adjustment of Status application.

In summary:

  • If you have an approved I-140 petition in the EB-1 or EB-2 category with a current priority date, it is time to file your I-485 adjustment of status application;
  • If you have a pending I-140 in the EB-1 or EB-2 category with a current priority date, you may interfile your I-485 adjustment of status application; or
  • If you are filing an I-140 petition in the EB-1 or EB-2 category and want to file both the I-140 petition and I-485 application concurrently, you can now do so once again.

SENATE BILL 386 and HR 1044

The news today that Senate Bill 386 would be brought forward on Thursday Sept. 19 when Sen. Rand Paul announced he would lift his block of “Unanimous Consent” caused quite a bit of concern among some of our clients and excitement among others. What all our clients need to understand is what “Unanimous Consent” means. Unanimous consent does not mean that the law will be passed, it simply means that it can move the bill forward on the Senate floor toward a vote without Senate debate. Sen. Paul removing his hold/block does not mean that another Senator will not block Senate Bill 386. For unanimous consent to pass all of the 100 Senators must consent to move the legislation on without further debate. If no single Senator blocks consent, then it would go to the floor to be voted on at some point in the future. To pass, the law requires a majority vote of 51 to pass. While it is premature to know with any certainty what will happen, it is a prudent time for citizens of all countries, including India and China, who are considering filing for an Employment Based green card to plan for a possible change in the law.

With the uncertainty of House Bill HR1044 and Senate Bill S386, as well as the new rule on public charges and the current immigration climate, great care needs to be taken in preparing the I-485 Adjustment of Status application prior to filing. The Dunn Law Firm was founded over 100 years ago and has one of the most experienced immigration law teams in the U.S. The team is one of the countries most experienced with filing I-485 Adjustment of Status applications and we are ready to help you file your I-140 and/or I-485 Adjustment of Status application.  We offer extremely prompt and accurate processing and personal service to each application and you are always able to speak to or email your Attorney or Paralegal directly when needed.  The timing of when to file your I-485 can have a significant impact on your current immigration status and can affect your future plans. We recommend that you contact our office immediately to discuss your situation in detail.

 Please contact our office at (309) 828-6241 or email stacy@dunnlaw.com if you are ready to file your I-140 and/or I-485.  You may also visit our website at www.nationalinterestwaivers.com to obtain more information.

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