EB-1 priority date cutoff dates remain “Current” for all classifications, EB-2 China cutoff dates jump forward by 14 months, and EB-3 cutoff dates for India also experience forward movement.
The US Department of State has released its July 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 July 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 July 2021 must use the Final Action chart below.
To be eligible to file an EB adjustment application in July 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 |
01DEC17 (was 1MAY17) |
C |
01JUN11 (was 01DEC10) |
C |
C |
C |
|
3rd |
C |
01JAN19 (was 1SEP18) |
C |
01JAN13 (was NOV11) |
C |
C |
C |
|
Other Workers |
C |
01DEC09 (was 1OCT09) |
C |
01JAN13 (was 01 NOV11 ) |
C |
C |
C |
|
4th |
C |
C |
01DEC18 (was 01NOV18) |
C |
01FEB20 (was 01 NOV 19) |
C |
C |
The priority date cutoff for all categories, including China and India for the first employment-based categories (EB-1) remain “current” in July 2021. Priority date cutoff date 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 July 2021.
The EB-2 priority date cutoff for China advanced by seven months to December 2017, and the EB-2 priority date cutoff for India advanced by five months to June 1, 2010. The EB-3 priority date cutoff for China advanced by three-and-a-half months to January 1, 2019. Most notably, the EB-3 priority date cutoff for India advanced by 14 months to January 1, 2013.
EB-2 cut-off 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.
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
Eric S. Bord
Shannon A. Donnelly
Eleanor Pelta
Miami
Laura C. Garvin