The Department of State has released its June 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.
The U.S. Department of State released the June 2020 Visa Bulletin earlier this month,1 and on May 21, 2020, 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
The priority cut-off dates as indicated in the recent Visa Bulletin along with USCIS’ announcement are critical factors in assessing eligibility for beneficiaries of an I-140, Immigrant Petition for Alien Worker, to file an I-485, Application to Register Permanent Residence or Adjust Status. For the second month in a row, 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. The EB-1 preference category includes Aliens of Extraordinary Ability, Outstanding Researchers/Outstanding Professors, as well as Managers and Executive Transferees.
Employers who are currently preparing to file an I-140 immigrant petition on behalf of a beneficiary in the EB-1 category may simultaneously file an I-485 application with the I-140 petition. Those EB-1 beneficiaries who already have an approved I-140 will also be eligible to file an I-485 until at least the end of June, 2020. All I-485 applicants should, however, bear in mind that USCIS’ current suspension of in-person services may delay I-485 processing.3
The priority date cut-offs for adjustment of status filing eligibility to take effect starting June 1, 2020, are as follows:
Persons applying for an employment-based adjustment of status from within the U.S. are not affected by President Trump’s proclamation "Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak."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.
1 U.S. Department of State, June 2020 Visa Bulletin.
2 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
* 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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