December Visa Bulletin

Year 2020, December Visa Bulletin could be interesting given the political change in US elections.

With President-Elect Joe Biden, anticipated to revert changes in immigration policies that Trump administration brought in. However, these changes may not be easy as senate still in republican hands that means so he won’t be able to pass any new immigration laws as the President of the United States, but will be able to use his executive authority to undo previous administration created hurdles.

  • Democrats are always in support of DACA – Deferred Action for Childhood Arrivals so DACA program may continue which was ended by Trump administration.
  • Scrap Public Charge Rules entirely.
  • Filling Fees significantly increased and expected to scrap.
  • Trump’s proclamations during the pandemic time restricted the issuance of Visas in most categories H1B, F1 etc. and is expected to go away.
  • New rules tampered the prevailing wage that made almost impossible for anyone to get an H-1b visa as the prevailing wage was so high than the reality of the market and has been subject to litigation. It’s in court right now.
  • The processing times for all types of immigration cases has slowed down tremendously some of that is naturally due to the pandemic but all wonder when USCIS will run, as they should and eventually processing times will be back into the realm of what’s normal.
  • Few more for other immigration categories.

Wait! No direct insight on Employment Based Green Card? Are there any remediation for GreenCardBacklog?

It is still unsure. There may be relaxation on H1B approval and travel, however Unless bill S.386 is passed Backlog remains forever for Indian Nationals.

Green Card Process Flow – Explained 

DecemberVisaBulletin

DATES FOR FILING OF EMPLOYMENT-BASED

Employment-
based
INDIA
1st 01NOV20
2nd 15MAY11
3rd 01JAN14

FINAL ACTION DATES FOR EMPLOYMENT-BASED

Employment-
based
INDIA Progression
1st 01APR19 Moved 4 Months and 3 Days
2nd 01OCT09 Moved 9 Days
3rd 15MAR10 Moved 15 Days

While Final action Dates moved a bit, EB3 Date of Filing retrogress a year to 2014. USCIS is allowing Dates for Filing in the December 2020 Visa Bulletin to file I-485 applications.

Applicants downgrading from EB2 to EB3 are recommended to study on National Interest Waiver program and work with their attorney.

Please note, the fiscal year (Oct 2020 – Sep 2021) is different as Family Based Green Card Spilled over to Employment Based Quota because of Trump’s Ban in April and that helped additional 120k numbers benefitting Employment Based Category.

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