By Maxine Philavong
In the first Visa Bulletin of the fiscal year, October’s Visa Bulletin showed little to no movement in the family visa category, while showing movement in the employment-based category. Although this may be disappointment for affected people looking to obtain a family-based visa, this is good news for those looking to obtain an employment-based visa.
The October Visa Bulletin is perhaps the most important visa bulletin of the year. This is the first visa bulletin of the fiscal year, meaning that the State Department released its calculations for the total number of employment-based visas available for fiscal year 2021. The anticipated number of employment-based visas is 261,500, an all-time high. Current demand for visa numbers is well below the estimated annual limit of 261,500, according to the State Department, due in large part the COVID-19 pandemic.
Just as demand for visas are down due to the current pandemic, this month’s bulletin came much later than expected due to COVID-19. Moreover, the pandemic has caused many issues moving forward in all visa categories. For example, the ongoing visa and travel bans have made interviewing and acceptance much more difficult for family-based visa seekers. Similarly, the pandemic is cause for almost 100k individuals seeking family-based visas unable to reserve interviews due to embassy closures.
However, because family-based visa seekers have been paused, employment-based visas have moved forward exponentially. The following is a quick look at movement seen in the October Visa Bulletin:
There was no movement for family-based visas. However, the bulletin provided some anticipated movement in the upcoming bulletins. Potential movement includes:
F-1: Potential forward movement for up to 3 weeks
F-2B: Potential forward movement for up to 3 weeks
Employment-based visa applicants saw incredible movement due to family-based visas being paused.
EB-1: All countries expect for China and India remained current. China and India advanced three months to June 1, 2018.
EB-2: All countries expect for China and India remained current. China advanced six weeks to March 1, 2016, while India advanced two months to September 1, 2009.
EB-3: All countries except India and China were current in October. Cutoff dates for China advanced four and a half months to July 1, 2017, and for India advanced three and a half months to January 15, 2010.
EB-5: For the Non-Regional Center Program, India remained current, along with all other countries except for China and Vietnam. China’s cutoff date remained on August 15, 2015, and Vietnam’s cutoff date remained at August 1, 2017. The Regional Center program was extended from September 30 to December 11, 2020.
There has never been a better time to apply for an employment-based visa, especially the EB-5 visa. Davies & Associates is one of the longest-established EB-5 law firms in the industry and our team regularly contribute to the global media on the subject. We have helped hundreds of families, business owners and entrepreneurs relocate to America and have never had a case rejected on Source of Funds, which is one of the most challenging aspects of an EB-5 application. Our success comes from blending our highly qualified lawyers with an understanding of the culture, law, business practices and banking regulations in each jurisdiction we operate.