The Department of State has released the Visa Bulletin for November 2020. This is a new record for how late a VB is published, only 3 days before it takes effect. The table below shows "Final Action (Approval)" cut-off dates and movement from the previous month, for all major employment-based categories. To see filing cut-off dates or family-sponsored categories please go to the Visa Bulletin page linked above. For our unique Visa Bulletin Graphical Tracker, cutoff date predictions and more information please refer to the Visa Bulletin Toolbox.
Employment Based Key Categories - Final Action Dates and Movement from Previous Month:
| Chargeability | Preference | Cut-off Date (Y-M-D) | Movement (Days) |
|---|---|---|---|
| ROW | EB1 | C | C |
| ROW | EB2 | C | C |
| ROW | EB3 | C | C |
| China | EB1 | 2018-12-01 | 183 |
| China | EB2 | 2016-04-22 | 52 |
| China | EB3 | 2017-10-01 | 92 |
| India | EB1 | 2018-12-01 | 183 |
| India | EB2 | 2009-09-22 | 21 |
| India | EB3 | 2010-03-01 | 45 |
While the H-1B program was intended to allow employers to fill gaps in their workforce and remain competitive in the global economy, it has expanded far beyond that, often to the detriment of U.S. workers. Data shows that the more than a half million H-1B nonimmigrants in the United States have been used to displace U.S. workers, which has led to reduced wages in a number of industries in the U.S. labor market and the stagnation of wages in certain occupations.
Additionally, this IFR restores the guidance contained in the recently rescinded 2010 policy memorandum, “Determining Employer-Employee Relationship for Adjudication of Petitions, Including Third-Party Placements,” with limited clarifications. - USCIS
On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”
The new policy manual section provides guidance on how to adjudicate inadmissibility due to membership in the Communist Party or any other totalitarian party in the context of adjustment of status applications.
In general, unless otherwise exempt, any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible to the United States. This addition to the policy manual will help officers adjudicate this inadmissibility ground consistent with federal law. - Policy Manual Guidance
The State Department announced that for FY-2021, the total number of employment-based visas will be set to 261,500. This is a all-time high! As a comparison, FY2020 limit was 156,253, so we'll be seeing a 67% increase for next year. The reason is that COVID-19 caused a dramatic decrease in issuance of family-sponsored immigrant visas. - ImmigrationRoad Blog
The Department of State has released the Visa Bulletin for October 2020. The table below shows "Final Action (Approval)" cut-off dates and movement from the previous month, for all major employment-based categories. To see filing cut-off dates or family-sponsored categories please go to the Visa Bulletin page linked above. For our unique Visa Bulletin Graphical Tracker, cutoff date predictions and more information please refer to the Visa Bulletin Toolbox.
Employment Based Key Categories - Final Action Dates and Movement from Previous Month:
| Chargeability | Preference | Cut-off Date (Y-M-D) | Movement (Days) |
|---|---|---|---|
| ROW | EB1 | C | C |
| ROW | EB2 | C | C |
| ROW | EB3 | C | C |
| China | EB1 | 2018-06-01 | 92 |
| China | EB2 | 2016-03-01 | 46 |
| China | EB3 | 2017-07-01 | 136 |
| India | EB1 | 2018-06-01 | 92 |
| India | EB2 | 2009-09-01 | 55 |
| India | EB3 | 2010-01-15 | 106 |
Many people are asking about the October 2020 Visa Bulletin, which has not been released as of today. This is already a significant delay compared to DOS' traditional publishing schedule. We don't know the exact reason, but hope to see it this week.
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