Green Card Breaking News Alert

Additional Green Card Applications Available in 2020

November 23, 2020

Due to the Green Card quotas not being reached this past fiscal year (October 1, 2019 to September 30, 2020), the Priority Dates for some Employment-Based Green Card categories advanced significantly in the Visa Bulletin for the new fiscal year, which started on October 1, 2020.  U.S. Citizenship and Immigration Services (USCIS) has also announced that they are accepting Adjustment of Status (Green Card) applications based on the "Dates For Filing" chart, which enables many applicants with backlogged Priority Dates to submit Green Card applications.  Moreover, applicants’ spouses and children under the age of 21 may also submit Green Card applications, as well as applications for work and travel authorization while the Green Card applications are pending.  Please see this flyer for more details.

 

Therefore, anyone with an approved Immigrant Worker Petition (I-140) should refer to the “Dates For Filing” charts in the following links in order to determine whether they are eligible to file a Green Card application:

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

 

Please note that for individuals born in India for whom you have filed and received an approved I-140 in the 2nd preference category (“EB-2”) with a Priority Date between May 16, 2011 and January 1, 2014, it may be possible to file a new I-140 with a “downgrade” request to the 3rd preference category (“EB-3”), which would allow them to file a Green Card application in October.  Each of these cases will need to be analyzed individually to determine whether this is a viable strategy.

 

Please also note that we expect the Priority Dates to move backward (retrogress) – possibly as soon as January – so we urge all eligible applicants to apply by December 31st.  Therefore, please contact us here at Savitz Law as soon as possible to get everything started.

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