January 2021 Visa Bulletin: USCIS to Honor Final Action Dates for Employment-based Categories
Summary
- EB-1 China and EB-1 India Final Action dates will advance by five months to September 1, 2019.
- EB-2 China will advance by one month to June 1, 2016, and EB-2 India will advance by one week to October 8, 2009.
- EB-3 China will advance by six weeks to December 15, 2017, and EB-3 India will advance one week to March 22, 2010.
- EB-5 China will remain at August 15, 2015, and EB-5 Vietnam will advance by two weeks to September 15, 2017.
- USCIS has announced that it will honor Final Action dates for employment-based adjustment of status applications, for the first time in several months.
A closer look
According to the State Department’s January Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows:
- EB-1: All countries except for China and India will remain current in January. China and India will advance by five months to September 1, 2019.
- EB-2: China will advance by one month to June 1, 2016, while India will advance by one week to October 8, 2009. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance one and a half months to December 15, 2017, and for India will advance one week to March 22, 2010. All other countries will remain current in January.
- EB-5: The Non-Regional Center program will remain current for all countries except China and Vietnam. China will remain at August 15, 2015, while Vietnam will advance by two weeks to September 15, 2017. The Regional Center program will mirror these dates if it is extended through legislation beyond its December 28, 2020 expiration.
USCIS Employment-based Priority Date Cut-offs in January 2021
U.S. Citizenship and Immigration Services (USCIS) has announced on its Visa Bulletin web page that it will honor the State Department’s Final Action Date chart for adjustment of status filings in January. To be eligible to file an employment-based adjustment application in January, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
January is the first month in which USCIS has chosen the Final Action Date chart after several months of choosing the Dates for Filing chart. USCIS will continue to honor the Dates for Filing Chart through December.
Impact of Presidential Proclamation
President Trump’s April 22 proclamation temporarily suspending the entry of certain immigrants is set to expire on December 31, 2020. Should the President extend it into the new year, it would continue to limit the issuance of immigrant visas by U.S. consulates abroad.