To Downgrade or not to Downgrade - That is the Question

To Downgrade or Not to Downgrade – That is the Question

By |2020-09-26T21:50:38+00:00September 26th, 2020|Citizenship, Green Cards, Immigration, priority date, USCIS, Visa Bulletin|0 Comments

On September 24, 2020, the Department of State released the October 2020 Visa Bulletin advancing EB-3 Indian priority dates significantly. The dates that govern the ability to file adjustment of status (“green card”) applications for thousands of foreign workers advanced 5 years.  This opens the door for many long languishing cases to be filed.

The Filing Date for an EB-3 professional worker from India has advanced to January 1, 2015 from February 1, 2010, while the Filing Date for an EB-1 extraordinary ability worker from India advanced to September 1, 2020 from July 1, 2018. Significantly, the Filing Date for EB-2 advanced degree workers from India only advanced to May 15, 2011 from August 15, 2009.  This sets up a scenario where foreign nationals in the EB-2 line will want to move to the EB-3 line.  This will allow them to move forward in the green card application process and obtain open market employment authorization for themselves and their dependents.

Both a complete and fully documented I-140 Immigration Visa Petition and an I-485 Adjustment of Status Application must be filed by October 30, 2020 to take advantage of this opportunity.  An explanation of the steps to obtain Lawful Permanent Residence may be found on our website here.

While this seems like a golden moment for many foreign workers who have been waiting years to complete the green card application process, it is not a sure thing that their employers will want to jump through the “downgrade” hoop.  The October Visa Bulletin states that it is expected that EB-2 dates will rapidly advance in the future.  Employers may decide to roll the dice and wait for future EB-2 movement rather than pay for legal fees and government filing fees during this time of COVID-19 economic duress.

E&M Mayock is fully staffed and ready to meet the challenge of filing large numbers of applications during the month of October.  If you believe you are situated to seize this opportunity, please contact E&M Mayock for a consultation.

Stay tuned.