USCIS Confirms that it will follow the Dates for Filing Charts for both Family-based and Employment-based immigrant visas for February 2020
Pasricha & Patel
In the February 2020 Visa Bulletin published by the U.S. Department of State, the USCIS has determined that for family-sponsored filings, filers should continue to follow the Dates for Filing Chart for February 2020 Visa Bulletin.
But note that in the F2A category, there is a cutoff date on the Dates for Filing Chart. However, because the same F2A category is “Current” on the Final Action Dates chart, this does mean that applicants in the F2A the category may use the Final Action Dates chart for February 2020).
For the employment-based preference filings, the USCIS has determined that for the most part, filers should follow the Dates for Filing chart in the February 2020 visa bulletin. But there are some clarifications to follow:
- In the Employment 3rd and Other Worker categories, there is a the cutoff date on the Dates for Filing chart for all chargeability areas. However, the categories are ‘Current” on the Final Action Dates chart for the following countries: Vietnam; Mexico; El Salvador; Guatemala; Honduras, and “All Chargeability Areas Except Those Listed.”
- This means that the applicants in the EB-3 and Other Worker Categories from all chargeability areas other than China, India, and the Philippines may file for adjustment of status by using the Final Action Dates chart for February 2020.
- Applicants from China, India, and the Philippines must use the Dates for Filing Chart of the February 2020 visa bulletin.
- For all the other employment-based preference categories, the a filer must use the Dates for Filing Chart for the February 2020 visa bulletin.
- And because Vietnam is not listed on the Dates for Filing chart, the adjustment applicants from Vietnam need to rely on the Worldwide dates found in the “All Chargeability Areas Except Those Listed” column of the Dates for Filing Chart in the February 2020 visa bulletin
The Department of State’s detailed instructions above indicate that the visa number movements are in flux right now, and we do recommend our readers to watch out for regular updates on our site for any further developments.
Should you have any further questions about the different visa preference categories and filing procedures, please do not hesitate to contact our office to schedule a consultation to discuss your concerns further.