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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