LawFlash

US Department of State Releases June 2021 Visa Bulletin

May 25, 2021

EB-1 priority date cutoff dates remain “current” for all classifications, while EB-3 cutoff dates for India show accelerated advancement.

The US Department of State has released its June 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.

WHAT DOES THE JUNE 2021 VISA BULLETIN SAY?

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 June 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 June 2021 must use the Final Action chart below.

FINAL ACTION CUTOFF DATES

To be eligible to file an EB adjustment application in June 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
Based

All Charge-ability Areas Except Those Listed

China-
Mainland
Born

El Salvador
Guatemala
Honduras

India

Mexico

Philippines

Vietnam

1st

C

C

C

C

C

C

C

2nd

C

01MAY17

(was 01DEC16

C

01DEC10 (was 01AUG10)

C

C

C

3rd

C

01SEP18

(was 15MAY18)

C

01NOV11 (was 01FEB11)

C

C

C

Other Workers

C

01OCT09 (was 01AUG09)

C

01NOV11 (was 01FEB11)

C

C

C

4th

C

C

01NOV19 (was 01SEP18)

C

01NOV19 (was 15MAR19)

C

C

COMMENTS

The priority date cutoff for all categories, including China and India for the first employment-based categories (EB-1) remain “current” in June 2021. Priority date cutoff date continues to be current, regardless of EB category. This means that all persons chargeable to this allocation may continue to file adjustment status applications in June 2021.

The EB-2 priority date cutoff for China advanced by five months to May 2017, and the EB-2 priority date cutoff for India advanced by four months to December 1, 2010.

The EB-3 priority date cutoff for China advanced by three-and-a-half months to September 1, 2018, and the EB-3 priority date cutoff for India advanced by nine months to November 1, 2011.

While there was some forward movement in cutoff dates in June, it is anticipated that there will be even greater movement during the remainder of the year. 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,” per the State Department, in the coming months. EB-3 China and EB-3 India cutoff dates continue to be ahead of EB-2 China and EB-2 India cutoff dates.

CONTACTS

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