August 2020 Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employment- based	All Countries  Except Those Listed in the Table	CHINA- mainland born	El-Salvador Guatemala Honduras	India	Mexico	Philippines	Vietnam
1st	C	08FEB18	C	08FEB18	C	C	C
2nd	C	15JAN16	C	08JUL09	C	C	C
3rd	01APR19	15FEB17	01APR19	01OCT09	01APR19	01APR19	01APR19
Other Workers	01APR19	01AUG08	01APR19	01OCT09	01APR19	01APR19	01APR19
4th	C	C	01APR17	C	15JUN18	C	C
Certain Religious Workers	C	C	01APR17	C	15JUN18	C	C
5th Non-Regional Center (C5 and T5)	C	08AUG15	C	C	C	C	22JUL17
5th Regional  Center (I5 and R5)	C	08AUG15	C	C	C	C	22JUL17

U.S. Dept of State resumes Consular Operations in a Phased Manner

The State Dept. suspended consular operations across the world in March 2020 as a result of global COVID-19 pandemic.  The State Dept. recently announced that beginning on July 15, 2020, consular posts may begin a phased reopening of routine visa services, depending on local conditions. The State Dept. also indicated that visa applicants/stakeholders should monitor embassy and consular post websites for updates on the status of their services. Some posts have already begun posting relevant guidance.  It is imperative to note that the State Dept. does not have a specific date regarding each consular post’s resumption of operations.  Consular websites could be found here: https://www.usembassy.gov

July 2020 Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employment- Based	All Countries Areas Except Those Listed	CHINA- mainland Born	El-Salvador Guatemala Honduras	India	Mexico	Philippines	Vietnam
1st	C	22AUG17	C	08MAY17	C	C	C
2nd	C	08NOV15	C	08JUL09	C	C	C
3rd	15APR18	22JUN16	15APR18	01JUN09	15APR18	15APR18	15APR18
Other Workers	15APR18	22JUL08	15APR18	01JUN09	15APR18	15APR18	15APR18
4th	C	C	01FEB17	C	15JUN18	C	C
Certain Religious Workers	C	C	01FEB17	C	15JUN18	C	C
5th Non-Regional Center (C5 and T5)	C	22JUL15	C	C	C	C	15MAY17
5th Regional Center (I5 and R5)	C	22JUL15	C	C	C	C	15MAY17

President Trump Signs Executive Order Suspending Entry of Certain Immigrants

President Donald Trump signed an Executive Order (EO) on April 22, 2020 suspending entry of immigrants into the United States.  The rationale provided by the President for signing the EO was that immigrants present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.

Effective Date; Duration: The EO goes into effect at 11:59 p.m. EDT tonight (April 23), expiring 60 days from April 23, i.e. Monday June 22, 2020.

Leaves Room for Continuation and/or Modification: Whenever appropriate, but no later than 50 days from April 23, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether the President should continue or modify the EO.

Leaves Room of Future Impact on Nonimmigrant Visa Programs Esp. Work Visas: The EO does not impact foreign workers in visa programs such as H-1B, L-1, TN and other nonimmigrant visa types at this time.  However, within 30 days from April 23, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to the President other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

Who is Included in the EO (Subject to Suspension):

• The entry of immigrants who are outside the United States and do not have a valid immigrant visa (i.e. a green card equivalent stamp typically issued by a U.S. consular post) as of the effective date of EO, or do not have an official travel document other than an immigrant visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.  Immigrant Visa refers to the individuals seeking permanent residence, i.e. green card.

Who is Not Included in the EO (Exempt):

• Lawful Permanent Residents of the United States, i.e. Green Card holders. If outside the U.S., they are not subject to the suspension of entry as a result of this EO.
• Nonimmigrant visa applicants or holders (such as H-1B, L-1, F-1, etc.). However, as mentioned above, there is a 30 day-window within which Secretaries of the three Federal agencies are required to notify the President if any additional measures are necessary to protect the U.S. workforce.
• Individuals with pending Form I-485 adjustment applications, holding an advance parole to return to the U.S.
• Physicians, nurses, or other healthcare professionals entering the U.S. to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join such professionals.
• EB-5 immigrant investors.
• Spouses of U.S. citizens.
• Individuals under the age of 21 that are either the children of U.S. citizens or prospective adoptees.
• Individuals who further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee.
• Any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces.
• Any individual seeking to enter the United States pursuant to a Special Immigrant Visa in the SI (Iraqi and Afghan interpreters/translators) or SQ (Iraqis Who Worked for/on Behalf of the U.S. Government) classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual.
• Any individual whose entry would be in the U.S. national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
• Individuals seeking asylum or refugee status.

Implementation/Enforcement at the Consulates: The consular officers shall determine whether an immigrant has established his or her eligibility for any of the above-mentioned exceptions.

Quick Analysis: It is imperative to note that the EO does not suspend or restrict immigrant (such as I-140, I-130 etc.) or nonimmigrant (H-1B, L-1, etc.) visa petition filings with U.S. Citizenship and Immigration Services (USCIS) in the U.S.; does not prevent employers from applying for LCAs (Labor Condition Applications), PERM/Labor filings for individuals seeking permanent residence, or filing of selected H-1B cap-subject petitions.  The EO does not suspend or restrict filing of adjustment applications (I-485) by eligible foreign nationals physically present in the U.S. seeking to obtain permanent residence.  All applications that are typically filed with USCIS will continue to be accepted and are otherwise not impacted by the EO, at least for the next 30 days.

Our office will closely monitor the implementation of the EO and any actions taken by the Trump Administration pursuant to the EO over the course of next 60 days.

April 2020 Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employment Based	All Countries Areas except Those Listed	CHINA-mainland Born	El-Salvador Guatemala Honduras	India	Mexico	Philippines	Vietnam
1st	01JUN19	08JUN17	01JUN19	01MAY15	01JUN19	01JUN19	01JUN19
2nd	C	01SEP15	C	25MAY09	C	C	C
3rd	01JAN17	15APR16	01JAN17	22JAN09	01JAN17	01JAN17	01JAN17
Other Workers	01JAN17	01JUL08	01JAN17	22JAN09	01JAN17	01JAN17	01JAN17
4th	C	C	15JUL16	C	22JAN18	C	C
Certain Religious Workers	C	C	15JUL16	C	22JAN18	C	C
5thNon-Regional Center (C5 and T5)	C	15MAY15	C	01JAN19	C	C	08FEB17
5th Regional Center (I5 and R5)	C	15MAY15	C	01JAN19	C	C	08FEB17

October 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

For Employment-Based Preference Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2019.

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	01JUL19	01SEP17	01JUL19	15MAR17	01JUL19	01JUL19
2nd	C	01AUG16	C	01JUL09	C	C
3rd	C	01MAR17	C	01FEB10	C	C
Other Workers	C	01AUG08	C	01FEB10	C	C
4th	C	C	15AUG16	C	C	C
Certain Religious Workers	C	C	15AUG16	C	C	C
5th Non-Regional Center (C5 and T5)	C	01JAN15	C	C	C	C
5th Regional Center (I5 and R5)	C	01JAN15	C	C	C	C

August 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2019.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	El Salvador Guatemala Honduras	INDIA	MEXICO	PHILIP PINES	VIETNAM
1st	01JUL16	01JUL16	01JUL16	01JAN15	01JUL16	01JUL16	01JUL16
2nd	01JAN17	01JAN17	01JAN17	02MAY09	01JAN17	01JAN17	01JAN17
3rd	01JUL16	01JUL16	01JUL16	01JAN06	01JUL16	01JUL16	01JUL16
Other Workers	01JUL16	22NOV07	01JUL16	01JAN06	01JUL16	01JUL16	01JUL16
4th	C	C	01JUL16	C	01JUL16	C	C
Certain Religious Workers	C	C	01JUL16	C	01JUL16	C	C
5th Non-Regional Center (C5 and T5)	C	15OCT14	C	15OCT14	C	C	15OCT14

February 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for February 2019.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	El SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES	VIETNAM
1st	01DEC17	08FEB17	01DEC17	08FEB17	01DEC17	01DEC17	01DEC17
2nd	C	01OCT15	C	06APR09	C	C	C
3rd	C	01JUL15	C	22APR09	C	01AUG17	C
Other Workers	C	01AUG07	C	22APR09	C	01AUG17	C
4th	C	C	01MAR16	C	01SEP17	C	C
Certain Religious Workers	U	U	U	U	U	U	U
5th Non-Regional Center (C5 and T5)	C	01SEP14	C	C	C	C	15JUN16
5th Regional Center (I5 and R5)	U	U	U	U	U	U	U