The March2020 retrogression of EB-3 has significant consequences for those who arein the immigrant visa process. It isexpected that between March 1 and September 30 of this year, immigrantvisas/green cards will only be issued to immigrants who have a 2016 prioritydate or earlier. When the first bulletinof the next fiscal year is released in late September, we expect the Rest ofWorld EB-3 to return to current and the Philippines EB-3 to have a roughly 18-24-monthretrogression.
Below are strategies for EB-3immigrant applicants in various stages of the immigrant visa process:
Immigrants who will be adjustingstatus
USCIS has indicated that the dates forfiling chart can be used in March. This means that the I-485 can only be filedif the immigrant has a priority date earlier than January 1, 2019. This applies to both Filipino and Rest ofWorld immigrant applicants.
Immigrants currently at NVC phase withfee bill
If the applicant has already receivedfee bills, then the case can continue to be processed until the documentarilyqualified notification is received from NVC. An embassy interview will not be scheduled until the immigrant’spriority date is current under the final action chart which for March isJanuary 1, 2017. This applies to bothFilipino and Rest of World immigrants.
Immigrants with approved I-140 but nofee bill
Immigrants should only receive the feebill if the priority date is earlier than the date for filing of January 1,2019, only we often see the NVC issue fee bills to those who have prioritydates later than the dates of filing chart. Those immigrants with 2019 and 2020 priority dates will receive a letterfrom NVC explaining that the case cannot move forward and a fee bill issueduntil the priority date is current under the date for filing chart. Rest of World immigrants will continue toreceive fee bills and be able to proceed through the NVC process but will notbe able to receive an embassy interview until current under the final actionchart.
Immigrants with embassy interviewsscheduled for March
We expect these interviews will berescheduled by the Embassy or Consulate until the priority date is currentunder the final action chart.