Choose Site

LawFlash

US Department of State Releases November 2021 Visa Bulletin

October 15, 2021

The November 2021 Visa Bulletin sees advancement in EB-2 and significant retrogression in EB-3 for India and China priority date cutoffs. The US Citizenship and Immigration Services continues to use the “Dates for Filing” chart for employment-based adjustment of status.

The US Department of State has released its November 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 November 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 November 2021, the USCIS will follow the Dates for Filing chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in November 2021 must use the Dates for Filing chart below.

Dates for Filing Cutoff Dates

To be eligible to file an EB adjustment application in November 2021, a foreign national must have a priority date that is earlier than the date listed below for their 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 Chargeability
Areas Except
Those Listed

China-
mainland
born

El Salvador
Guatemala
Honduras

India

Mexico

Philippines

1st

C

C

C

C

C

C

2nd

C

01FEB19
(was 01JUL18)

C

08JAN13
(was 01SEP11)

C

C

3rd

C

01APR18
(was 08JAN19) 

C

22JAN12
(was 01JAN14)

C

C

Other Workers

C

01MAY10
(was 01FEB10)

C

22JAN12
(was 01JAN14)

C

C

4th

C

C

15MAY19
(was 15MAR19)

C

C

C

Comments

The USCIS is again using the Dates for Filing Cutoff Date chart in November 2021, and, as anticipated, the EB-2 classification will see some advancement. The EB-2 China priority date cutoff dates will advance by seven months to February 1, 2019, and EB-2 India priority date cutoff dates will advance by 16 months to January 8, 2013.

Conversely, EB-3 China priority date cutoff dates will retrogress by eight months to April 1, 2018, and EB-3 India priority date cutoff dates will retrogress by nearly two years to January 22, 2012.

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:

Miami
Laura C. Garvin

San Francisco
A. James Vázquez-Azpiri
Christina M. Gonzaga

Washington, DC
Eric S. Bord
Shannon A. Donnelly
Eleanor Pelta