November Visa Bulletin Update

November Visa Bulletin Released: Are You Current?

DATES FOR FILING CHART WILL BE USED FOR EMPLOYMENT-BASED CASES

USCIS announced that applicants can use the “Dates for Filing” chart, which opens up visas to several years of additional applicants in each category when compared to the Final Action Dates chart. Last month, the October Visa Bulletin predicted “rapid forward movement” but those estimates are removed in November’s bulletin. The Department of State and USCIS may be basing the charts and predictions on expected processing capacity. We should continue to see forward movement through 2021, but it is unclear whether the movement will be “rapid” as described by DOS last month. 

Current Month’s Adjustment of Status Filing Charts

For Family-Sponsored Filings:

In the F2A category, there is a cutoff date on the Dates for Filing chart.  However, the category is “current” on the Final Action Dates chart.  This means that applicants in the F2A category may file using the Final Action Dates chart for November 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2020.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2020.

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

 

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

 

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

Update on Predicted “Rapid Forward Movement”

Last month, the Visa Bulletin included more detail on the expected advancement through January of 2021. See our October Visa Bulletin post. The Visa Bulletin predicted that employment-based categories would have “rapid forward movement” for most categories and also gave predictions for minimal monthly movement in family-sponsored categories. This section is noticeable absent from the November Visa Bulletin. As we stated last month, the determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables. It seems that the Department of State is not sharing a similar estimate in November as they did in October.

Next Steps

If you are current using the designated charts above, contact us immediately to get your case started.

  1. Request an engagement letter and invoice.
  2. Determine whether you need to request work and travel permits and note on engagement letter.
    If you depart the U.S. prior to receiving your travel approval and without a valid underlying non-immigrant visa, USCIS will determine you have abandoned your request to adjust status. 
  3. Once the invoice is paid, funds remain in your client trust account.
  4. You will be invited to our secure client portal.
  5. The legal team will send you the appropriate checklists and questionnaires.
  6. Complete the questionnaires and upload the documents back to the portal.
  7. The attorney will guide you through the whole process and request any additional information to improve your filing.
  8. File before the end of the month, just in case the predictions for “rapid forward movement” don’t hold true due to the increased filings.

Not quite current? Start gathering your documentation to prepare for the rapid forward movement. Send your country of birth and priority date to info@challalaw.com so we can notify you if you may be eligible for filing when the next Visa Bulletin is released.

REQUIRED DOCUMENTATION

International Travel: Please advise our office if you have planned or anticipate any international travel in the next twelve months.

If you have ever been arrested in the U.S. or another country, please disclose to our office immediately so that our office can best represent you.  

  • Copy of Foreign Passport (and expired passport if it includes immigration history)
  • Most recent I-94
  • Copy of all prior immigration documentation (I-797s, I-20s, DS-2019s, I-601 waiver, etc.)
  • Copy of Employment Authorization Document (EAD) work cards
  • Copy of Birth Certificate
  • Copy of Marriage Certificate
  • For prior marriages, copy of marriage certificate and evidence of legal termination (divorce decree or death certificate)
  • Police Certificates – ONLY REQUIRED FOR CONSULAR PROCESSING (Must be obtained for any arrests in the U.S. or in another country.)
  • Documentation of any criminal arrests, convictions, etc. (REQUIRED IF APPLYING FROM U.S.)
  • Certificates of citizenship to other countries other than country of birth
  • Copy of any U.S. federal tax returns for three most recent years
  • Copy of any W-2 statements for three most recent years (or covering all years of employment for an employer-sponsored green card)
  • Copy of paystubs for six most recent months
  • Six (6) U.S. passport-style photos
  • Civil Surgeon Medical Exam – Form
    I-693 (sealed in an envelope with full name printed on the outside; must be submitted to USCIS within 60 days of physician’s signature)
  • I-485 Supplement J for employment-based cases (signed by original petitioning employer demonstrating continued offer of employment)
  • USCIS Filing Fee and Legal Fee

Any document not in English must be accompanied by a certified English translation.

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Contact us at info@challalaw.com or 804-360-8482 to get your case started today.