The October Visa Bulletin has come at at a great surprise to most immigrants and immigration attorneys alike. Alhtouhg the family based preference criteria has largerly remained unchanged the employment based priority dates for Indian and Chinese nationals have jumped forward.
Who can file Form I-485, Application to Adjust Status?
Chinese Nationals:
- Chinese Nationals who have a priority date for Employment Based Category 1 (EB-1) that equals (or is before) September 1, 2020, can now file Form I-485, Application to Adjust Status. Nevertheless, they won't be able to obtain the Green Card for a few years. In fact, the current Final Action Date for EB-1 China is June 1, 2018.
- Chinese Nationals who have a priority date for Employment Based Category 2 (EB-2) that equals (or is before) October 1, 2016, can now file Form I-485, Application to Adjust Status. Nevertheless, they won't be able to obtain the Green Card for several years. In fact, the current Final Action Date for EB-2 China is March 1, 2016.
- Chinese Nationals who have a priority date for Employment Based Category 3 (EB-3) that equals (or is before) June 1, 2018, can now file Form I-485, Application to Adjust Status. Nevertheless, they won't be able to obtain the Green Card for several years. In fact, the current Final Action Date for EB-3 China is July 1, 2017.
Indian Nationals:
- Indian nationals who have a priority date for Employment Based Category 1 (EB-1) that equals (or is before) September 1, 2020, can now file Form I-485, Application to Adjust Status. Nevertheless, they won't be able to obtain the Green Card for a few years. In fact, the current Final Action Date for EB-1 India is June 1, 2018.
- Indian nationals who have a priority date for Employment Based Category 2 (EB-2) that equals (or is before) May 15, 2011, can now file Form I-485, Application to Adjust Status. Nevertheless, they won't be able to obtain the Green Card for several years to come. In fact, the current Final Action Date for EB-2 India is September 1, 2009.
- Indian nationals who have a priority date for Employment Based Category 3 (EB-3) that equals (or is before) January 1, 2015, can now file Form I-485, Application to Adjust Status. Nevertheless, they won't be able to obtain the Green Card for several years to come. In fact, the current Final Action Date for EB-3 India is January 15, 2020.
Can a person downgrade his/her Employment Based Category? For example can a person downgrade his/her application from EB-2 to EB-3 in order to take advantage of the EB-3 filing date?
Yes, a person can downgrade his/her Employment Based Category by filing a new I-140, Immigrant Application for Alien Worker, jointly with Form I-485, Application to Adjust Status.
When should Form I-485, Application to Adjust Status be filed?
Since the Visa Bulletin changes every month an application should be received by USCIS, at the latest, on October 31, 2020.