The November 2020 bulletin, like other bulletins, is the State Department’s retrieval of information from U.S. embassies and consulates abroad regarding the issuance of visas, and 1) those that are available currently and 2) those that have been “oversubscribed”.
According to USCIS policy, and in conjunction with the State Department, “if not all demand could be satisfied (with an available visa number per the annual allotment), the category or foreign state (i.e. foreign country) in which demand was excessive will be deemed oversubscribed.” In other words, the country had more applicants than visas available within a defined fiscal year.
It’s possible for countries with larger populations and larger immigrant pools to become oversubscribed relative to neighboring countries who fit into the annual number of visas made available. In this visa bulletin, we will focus on the recent news and slight updates in quotas with regard to China (mainland), Mexico, Philippines, and India.
For those referring back to the DOS Bulletin at any time, and in reference, it should be noted that the Final Action Date—i.e. represents the last date at which a foreign state became oversubscribed, and of which is also a priority date for the first applicant who could not be reached within that numerical limit.
Note: “C” as is referenced in the State Department Charts on Family and Employment Based Visa Preferences means “Current”, i.e. numbers are authorized for issuance to all qualified applicants and is not oversubscribed.
Recent Visa Updates for Family Based
Currently, those U.S. citizens who have petitioned on behalf of their unmarried children under the age of 21, or spouses have visas available to them in all countries mentioned above. This refers to the F2A Visa, part of the Family Based Immigration program.
Note: F2B, which is the visa application for an LPR petitioning on behalf of an unmarried child over the age of 21 remains oversubscribed in all countries mentioned.
In addition F1, F3, and F4 Visas are currently oversubscribed in China (mainland), Mexico, India, and Philippines.
Updates for Employment Based
Priority Workers- 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second- Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third- Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, of which not more than 10,000 may be provided to "*Other Workers".
Fourth- Certain Special Immigrants, 7.1% of the worldwide level.
Fifth- Employment Creation, 7.1% of the worldwide level, not less than 3,000 of which are reserved for investors in a targeted rural or high-unemployment area, and 3,000 are set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
Per the November, 2020 numbers, the Central American Countries (El Salvador, Guatemala, and Honduras) remain “Current” across the spectrum for 1st, 2nd, and 3rd tier Employment Based Preferences.
Mexico, the Philippines, and Vietnam remain “Current” as well for 1st, 2nd, and 3rd tier Employment based Preferences.
For fourth tier, i.e. Certain Special Immigrants, the following data is the most recent update: China (mainland) is Current, the Central American Group is oversubscribed, India is Current, Mexico is oversubscribed, and the Philippines and Vietnam are Current.
For 5th tier i.e. Employment Creation, the following data is the most recent update: China (mainland) is oversubscribed, the Central American Group is Current, India, Mexico and the Philippines are Current, and Vietnam is Oversubscribed as of August 15th, 2017.
In terms of Certain Religious Workers, which is a separate Visa category, the Central American Group, and Mexico are Oversubscribed, while China, India, Philippines and Vietnam are Current.