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October 2020 Visa Bulletin

October 2020 Visa Bulletin

Historic Number of Visas Available in 2021 & EB-5 Program Expiration

September 24, 2020 - The U.S. Department of State (“DOS”), Bureau of Consular Affairs, October 2020 Visa Bulletin (View PDF) is now available.
 
Final Action Dates (CHART A) for October 2020 Visa Bulletin
 
DOS is forecasting the Employment Based Fifth category will remain “Current” for most countries through January except China which is expected to have no forward movement and Vietnam which is expected to have limited forward movement.
 
As you may note, the Regional Center (I5/R5) category is listed as “U” for Unauthorized on the October Visa Bulletin. This is as a result of the next expiration of the Regional Center program on September 30, 2020. Section 104 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94) extended the immigrant investor pilot program until September 30, 2020. The I5 and R5 visas may be issued until close of business on September 30, 2020, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after September 30, 2020.
 
The US House of Representatives has already passed a continuing resolution extending the Federal Budget and EB-5 Regional Center Program though December 11, 2020 and the US Senate is expected to do the same next week. When this happens, the Regional Center (I5/R5) category will move to the same dates as the Non- Regional Center (C5/T5) category immediately for October.
 
Final Action Dates (CHART B) for October 2020 Visa Bulletin 
  • China: December 15, 2015 
 
The dates for filing (CHART B) of the EB-5 visa category on the October Visa Bulletin remain unchanged from the September Visa Bulletin. Click here for more information on the U.S. Department of State, Bureau of Consular Affairs’, September 2020 Visa Bulletin.
 
In addition, US Citizenship and Immigration Service (USCIS) has announced that for the month of October, EB-5 petitioners with an approved I-526, who are currently residing in the United States and who are eligible to file I-485, may use the Dates for Filing chart in the Department of State Visa Bulletin for October 2020 to determine when they may file for adjustment of status. We highly encourage any eligible Chinese petitioners with priority dates earlier than December 15, 2015, who are currently in the USA to contact their immigration attorney about eligibility for filing I-485 to adjust status.
 
85% more EB-5 visas!
Visas will be made available to EB-5 applicants in historic numbers in fiscal year 2021 due to the number of visas that were left over from FY20 COVID19 consulate closures and reductions of service. According to the Department of State, the FY 2021 annual visa limit for all employment-based categories will be approximately 261,500. EB-5 is entitled to 7.1% of the worldwide level, equivalent to about 18,560 visas, over 8,560 visa more than the traditional 10,000 estimate.