The EB-1 priority date cutoff is once again “Current” for all classifications, including China and India.
The US Department of State has released its April 2021 Visa Bulletin, outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved, and permanent residence granted.
Each month, the US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. For April 2021, USCIS has announced that it will follow the “Final Action” for Employment-Based Visa Applications chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with USCIS in April 2021 must use the Final Action chart below.
To be eligible to file an EB adjustment application in April 2021, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.
|
Employment |
All Charge-ability Areas Except Those Listed |
China- |
El Salvador |
India |
Mexico |
Philippines |
Vietnam |
|
1st |
C |
C (was 01AUG20) |
C |
C (was 01AUG20) |
C |
C |
C |
|
2nd |
C |
01SEP16 (was 15JUL16) |
C |
01MAY10 (was 15JAN10) |
C |
C |
C |
|
3rd |
C |
15MAR18 (was 08FEB18) |
C |
01SEP10 (was 01JUL10) |
C |
C |
C |
|
Other Workers |
C |
10JUN09 (was 01MAY09) |
C |
01SEP10 (was 01JUL10) |
C |
C |
C |
|
4th |
C |
C |
01AUG18 (was 01JUN18) |
C |
01FEB19 (was 01JAN19) |
C |
C |
The priority date cutoff for China and India for the first employment-based categories (EB-1) will once again be “current” in April 2021. Cutoff dates for persons chargeable to the “Rest of the World” allocation continue to be current, regardless of EB category. This means that all persons chargeable to this allocation may continue to file adjustment status applications in April 2021.
The EB-2 priority date cutoff for China advanced by six weeks to September 1, 2016, and the EB-2 priority date cutoff for India advanced by two-and-a-half months to May 1, 2010.
The EB-3 priority date cutoff for China advanced by five weeks to March 15, 2018, and the EB-3 priority date cutoff for India advanced by two months to September 1, 2010.
If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:
Washington, DC
Shannon A. Donnelly
Eleanor Pelta
Eric S. Bord
Miami
Laura C. Garvin