The State Department has posted the February 2020 Visa Bulletin. The Visa Bulletin summarizes the availability of immigrant numbers for U.S. green card applicants in visa categories with quotas or limits. There are no such quotas for U.S. citizens sponsoring their spouses, unmarried children under 21, and parents. To understand where you stand in the visa line, you need to know your visa category, your priority date, and your “country of chargeability” which is usually your country of birth.. The preference categories in the Visa Bulletin are F1, F2A, F2B, F3, F4, and EB-1, EB-2,EB-3, EB-4, and EB-5. F categories are family-based. EB categories are employment based.
For Filipinos:
F1 category: unmarried children over 21 of U.S. citizens. Visas are available for priority date before April 1 2009.
F2A: spouses and unmarried children under 21 of Lawful Permanent Residents. Visas are still available (“current”) for all priority dates!
F2B: unmarried children over 21 of Lawful Permanent Residents. F2B beneficiaries cannot marry. Visas are available for all priority dates before May 1 2009.
F3: adult married children of U.S. citizens and their spouse and unmarried children under 21. Visas are available for priority dates before May 1 1999.
F4: siblings of U.S. citizens and their spouse and unmarried children under 21. Visas are available for priority dates before July 1 1999.
EB-3 is the most common employment based category used to sponsor Filipino workers for green cards, including nurses and other healthcare workers and a certain number of unskilled workers. Visas are available for priority dates before June 1 2018.
The good news for Filipinos is that visa numbers continue to be available in the F2A category – spouses and minor children of U.S. green card holders (Lawful Permanent Residents).
There’s often a wait of 1-2 years in this category but not at the moment. What does this mean? Let’s say you’ve just immigrated to the U.S. in the F2B category – you’re an unmarried child over 21; or a derivative unmarried child in the F3 or F4 category. There are 2 major steps in petitioning your relative. After immigrating to the U.S. you can return to the Philippines and marry your fiance/e, then return to the U.S. and file an I-130 petition with USCIS for your spouse or child in the F2A category.
Other notable Visa Bulletin changes for other countries. For “the rest of the world countries” – these are all countries except China, India, Mexico, and the Philippines – the F4 sibling category date retrogressed – it went backwards. The priority date cutoff for February is July 1 2006; in January it was Feb. 1 2007. Unfortunately, this can and does happen in any category and is very disappointing.
In the employment-based (EB) categories, the EB-1, EB-2 and EB-3 categories are chronically backlogged for China and India – especially India. The cutoff dates for February 2020 for China and India in these categories are:
EB-1 Priority Workers. Visas are available for priority dates before May 22 2017 for China; and Jan 1 2015 for India. No change from January.
EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability. Visas are available for priority dates before July 15 2015 for China; and May 19 2009 for India. That’s two weeks forward movement for China and one day forward for India from January.
EB-3 Skilled Workers, Professionals, and Other Workers. Visas are available for priority dates before Jan 1 2016 for China (May 1 2008 for EB-3 ‘other workers’); and Jan 8, 2009 for India. That’s one month forward movement for China and one week forward for India from January.
The USCIS and NVC process.
According to the USCIS website case processing times tool, it currently takes anywhere from 5 weeks to over 2 years for a decision on an F2A petition. If USCIS approves the petition, they then send the file to the National Visa Center (NVC) in New Hampshire, U.S., which prepares the case for the Manila embassy interview. The NVC collects fees and reviews financial and biographical documents. You can check the status of your case online at the Consular Electronic Application Center; use the case and invoice numbers the NVC emails you when they receive your case. But the NVC does not start their processing until it appears your case is getting near to when a visa will be available. Some categories – such as F3 or F4 (adult married children and siblings of U.S. citizens) have waiting lines of 20 – 25 years so your file will just sit on the NVC shelves while time passes.
When the NVC finishes its review, your case is “documentarily qualified.” The next step is for the NVC to schedule an interview at the Manila embassy. The interview is scheduled when it looks like a visa will soon be available. This is why the current F2A visa availability is so important. If the NVC “documentarily qualifies” your case, the Manila interview can be scheduled without delay. The State Department expects the “current” availability of F2A visas will soon end.
Keep track of the Visa Bulletin each month as the visa availability dates change monthly. The more you know, the better you can manage the progress of your case – and reunite with your family members.
