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United States – May 2020 Visa Bulletin Released; USCIS Final Action Announcement

United States – USCIS Final Action Announcement

The Department of State has released its May 2020 Visa Bulletin with priority cutoff dates and USCIS has announced that it will adhere to the final action dates in accepting employment-based applications for U.S. Permanent Residence next month.

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On April 24, 2020, the U.S. Department of State released the May 2020 Visa Bulletin.1 In addition, U.S. Citizenship and Immigration Services (USCIS) announced that it will honor “Final Action” dates when determining eligibility of employment-based applicants to adjust status next month. 2

WHY THIS MATTERS

The priority cut-off dates reflected in the May 2020 Visa Bulletin and USCIS’ announcement that it will adhere to the final action dates in accepting employment-based applications for U.S. permanent residence next month are critical factors in assessing eligibility for beneficiaries or intended beneficiaries of an I-140, Immigrant Petition for Alien Worker, to file an I-485, Application to Register Permanent Residence or Adjust Status. The most notable change in the May 2020 Visa Bulletin is that all foreign nationals in the EB-1 preference category will be eligible to file an I-485, except for those chargeable to the People’s Republic of China (“China”) or India.

Employers that are currently preparing to file a stand-alone I-140 petition on behalf of a beneficiary in the EB-1 category before the end of April 2020 may wish to wait until after May 1, 2020, so that the beneficiary may simultaneously file an I-485 application with the I-140 petition. All I-485 applicants should, however, bear in mind that USCIS’ extended suspension of in-person services until at least June 3, 2020, may delay I-485 processing.3

Updated Cut-off Dates

The priority date cut-offs for adjustment of status filing eligibility to take effect starting May 1, 2020, are as follows:

-         EB-1: Beneficiaries chargeable to any country other than China or India will be eligible to apply to adjust status in the month of May 2020. The priority date cut-offs for EB-1 beneficiaries chargeable to China and India will move forward to July 15, 2017, and August 1, 2015, respectively.

-         EB-2: All countries except China and India will remain current next month. Priority date cut-offs for persons chargeable to China and India will advance to October 1, 2015, and June 2, 2009, respectively.

-         EB-3 Professional and Skilled Workers: Priority date cut-offs for China and India will advance to May 15, 2016, and March 1, 2009, respectively, while all other countries will remain subject to a priority date cut-off of January 1, 2017.

-         EB-3 Other Workers: China’s priority date cut-off will advance to July 15, 2008. Cut-off dates for all other countries will match those for EB-3 Professional and Skilled Workers.

-         EB-5: China will advance to July 1, 2015, India will move forward to October 1, 2019, and Vietnam will advance to April 1, 2017. The EB-5 category will remain current for beneficiaries chargeable to all countries other than China, India, and Vietnam. 

KPMG NOTE

For now, persons applying for an employment-based adjustment of status from within the U.S. are not affected by President Trump’s recent suspension on entry of certain immigrants for a 60-day period.4

KPMG Law LLP will continue to monitor all developments affecting individuals applying for U.S. Permanent Resident status, as certain additional restrictions may be implemented in the foreseeable future. 

FOOTNOTES

1  U.S. Department of State website.

2  See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the U.S. Citizenship and Immigration Services website.

3  See the “USCIS Office Closings” page on the U.S. Citizenship and Immigration Services website.

4  See Presidential Proclamation; for coverage in GMS Flash Alert, see 2020-198 (April 27, 2020)

* Please note that KPMG LLP (U.S.) does not provide any immigration services or legal services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

 

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

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