May Visa Bulletin: Advancement in most employment-based categories

Priority-date cutoffs will advance in most employment-based categories, according to the State Department’s May Visa Bulletin. U.S. Citizenship and Immigration Services confirmed that Final Action Dates will control filing eligibility next month.

Key movements in the May Visa Bulletin:

EB-1

• China EB-1 will advance a little more than one month to July 15, 2017.
• India EB-1 will advance three months to Aug. 1, 2015.
• All other countries under EB-1 will become current.

EB-2

• China EB-2 will advance one month to Oct. 1, 2015.
• India EB-2 will advance one week to June 2, 2009.
• All other countries under EB-2 will remain current.

EB-3

• China EB-3 will advance one month to May 15, 2016.
• India EB-3 will advance a little more than one month to March 1, 2009.
• The cutoff for all other countries will remain at Jan. 1, 2017.

Final Action Dates for Employment-Based Preference Cases:

Trump Proclamation on Immigration: The State Department released the Visa Bulletin two days after President Donald Trump issued a proclamation temporarily suspending the entry of immigrant-visa applicants for 60 days. Since U.S. consulates have already suspended routine visa operations abroad because of COVID-19, the order will have a minimal immediate impact. In addition, a number of categories of people are excluded from the suspension, including:

• U.S. lawful permanent residents.
• Spouses and unmarried children under 21 of U.S. citizens.
• Foreign physicians, nurses or other healthcare professionals (and accompanying spouses and unmarried children under 21) applying for immigrant visas to perform research to combat the spread of COVID-19, or to perform work essential to combatting, recovering from or alleviating the effects of the COVID-19 outbreak.
• Those applying for EB-5 immigrant Investor visas.
• Individuals whose entry is in the national interest.
• Individuals who would further U.S. law enforcement objectives.
• Certain classes of Special Immigrant Visa applicants and their family members.
• Members of the U.S. Armed Forces and their spouses and children.

BAL has produced an analysis of the proclamation, including its practical impact on U.S. companies. Read the analysis paper here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.