In the May 2021 Visa Bulletin, the EB-1 priority date cutoff dates remain current for all classifications, and EB-2 and EB-3 cutoff dates including China and India show minimal advancement.
The US Department of State has released its May 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 May 2021, the USCIS 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 May 2021 must use the Final Action chart below.
To be eligible to file an EB adjustment application in May 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 |
C |
C |
C |
C |
C |
|
2nd |
C |
01DEC16 (was 01SEP16) |
C |
01AUG10 (was 01MAY10) |
C |
C |
C |
|
3rd |
C |
15MAY18 (was 15MAR18) |
C |
01FEB11 was 01SEP10) |
C |
C |
C |
|
Other Workers |
C |
01AUG09 (was 01JUN09) |
C |
01FEB11 was 01SEP10) |
C |
C |
C |
|
4th |
C |
C |
01SEP18 (was 01AUG18) |
C |
15MAR19 (was 01FEB19) |
C |
C |
The priority date cutoff for all categories, including China and India for the EB-1 categories, remain “current” in May 2021. Priority date cutoff dates 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 May 2021.
The EB-2 priority date cutoff for China advanced by two months to December 1, 2016, and the EB-2 priority date cutoff for India advanced by three months to August 1, 2010.
The EB-3 priority date cutoff for China advanced by five weeks to May 15, 2018, and the EB-3 priority date cutoff for India advanced by five months to September 1, 2010.
The State Department anticipates considerable forward movement in cutoff dates during the remainder of the year and has indicated that it expects the Final Action Dates to reach the dates in Chart B (Dates for Filing) by the end of fiscal year 2021. EB-2 cutoff dates for India should continue to advance and EB-3 cutoff dates for China and India will also experience “even more aggressive forward movement” in the coming months. EB-3 China and EB-3 India cutoff dates are currently ahead of EB-2 China and EB-2 India cutoff dates.
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