Priority Date Movement In EB-1 Category In U.S. Department Of State’s May 2020 Visa Bulletin And Presidential Proclamation Of April 22, 2020 May Have Positive Impact For Employment-based Green Card Applicants
U.S. immigration has been negatively impacted by the COVID-19
pandemic, resulting in the temporary suspension of visa processing
at U.S. consulates abroad, suspension of in-person services at U.S.
district offices, as well as the closure of U.S. land ports of
entry, except for essential travel. Even though U.S. immigration
has been negatively impacted by the COVID-19 pandemic, there are
two documents recently issued by the U.S. government, which may
have a positive impact for employment-based Green Card
applicants.
The first document is the May 2020 Visa Bulletin (Final Action
Date Chart) recently issued by the U.S. Department of State (DOS),
which reflects priority dates in the Employment-Based, First
Preference (EB-1) category are current for all countries, with the
exception of India and China. This is significant since it will now
allow certain foreign nationals pursuing a Green Card through the
EB-1 category, who are inside the U.S., to be eligible to now file
an Application to Register Permanent Residence or Adjust Status
(Form I-485) with the U.S. Citizenship and Immigration Services
(USCIS). Along with the Form I-485 application, the foreign
national may also apply for an Employment Authorization Document
(EAD), as well as an Advance Parole document, which would allow the
foreign national to work and take trips outside of the U.S. while
their Form I-485 application is pending, without the need to
maintain any type of nonimmigrant status. It will also allow
dependent spouses and children (under 21 years of age) of these
foreign nationals, who are inside the U.S., to file a Form I-485
application, as well.
The second document is President Trump’s April 22, 2020
Presidential Proclamation suspending entry into the U.S. certain
foreign nationals issued an immigrant visa on or after April 24,
2020.The proclamation suspends entry for a 60-day period and
indicates the suspension may be extended. This proclamation has the
effect of limiting the ability of mostly family-based visa
applicants from being eligible to receive an immigrant visa or use
an immigrant visa to enter the U.S. Even though this proclamation
was issued to address the high unemployment rate in the U.S.,
ironically, if the 60-day period is extended for a longer duration,
and because of how the U.S. visa allocation laws are written, this
suspension may actually result in more foreign nationals becoming
eligible to receive a U.S. Green Card, who are applying inside the
U.S. through an employment-based Green Card category.
Originally published by Lexology on 7 May,
2020
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