Positive News for Some Individuals Stuck in Priority Date Backlogs: Record Number of Employment-based Immigrant Visa Numbers Will be Available in FY2021

By Andrew M. Wilson

June 19, 2020 | Immigration
The DoS predicts that over 200,000 employment-based immigrant visa numbers will be available in FY2021. This is the highest number in recent memory, and it represents about a 22% increase from FY2020.

The reason for the increase is the expectation that a large number of family-based immigrant visas will go unused in FY2020. Applicable laws require that the number of unused family-based immigrant visas be added to the FY2021 employment-based immigrant visa annual limit.

Therefore, unused family-based numbers in FY2020 translate into additional employment-based numbers available in FY2021. The additional numbers are expected to benefit those who fall under EB-1 China, EB-1 India and EB-3 Worldwide.

While these additional numbers may not move the needle too much for EB-2/EB-3 China or India, any additional movement is at least a positive.

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.


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