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August 2021 Visa Bulletin: Strong Advancement in EB-3 India and EB-2 China, Modest Movement Across Most Other Employment-Based Categories
United States
At a glance
- EB-1 China and EB-1 India will remain current.
- EB-2 China will advance by four months to April 1, 2018, and EB-2 India will remain at June 1, 2011.
- EB-3 India will advance by six months to July 1, 2013, while EB-3 China will advance by one week to January 8, 2019
- EB-5 China (Non-Regional Center program) will advance by one week to November 15, 2015, and EB-5 Vietnam will become current in August.
A closer look
According to the State Department’s August Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows:
- EB-1: All countries, including China and India, will remain current.
- EB-2: China will advance by four months to April 1, 2018, and India will remain at June 1, 2011. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance by one week to January 8, 2019, while India will advance six months to July 1, 2013. All other countries will remain current.
- EB-5: The Non-Regional Center program will be current for all countries except China. China will advance by one week to November 15, 2015. Vietnam will become current in August. The Regional Center program has expired and is listed as unavailable in the Visa Bulletin. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates.
In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment applications based on the Final Action dates chart, as it did last month, or on the Dates for Filing chart. In the August Visa Bulletin, the Dates for Filing chart remains the same as last month.
Impact of President Biden’s decision to rescind the immigrant visa ban
In spite of President Biden’s February 24, 2021 order to rescind the Trump-era proclamation that suspended certain immigrant entries, visa application backlogs coupled with reduced consular operations due to COVID-19 public health measures will continue to limit the issuance of immigrant visas by U.S. consulates abroad. Immigrant visa (IV) applicants who are no longer subject to the immigrant ban may see their cases move forward, but should continue to expect delays as most consulates are still at reduced capacity as they try to work through backlogs. Those previously refused under the IV ban should await further instruction from the U.S. consulate that handled their application.
Expired EB-5 Regional Center program
The EB-5 Regional Center program expired on June 30, 2021 and is therefore listed as “unavailable” in the August Visa Bulletin. Immigrant visa issuance and adjustment of status adjudications under this category ceased after the close of business on June 30. USCIS has provided guidance on its treatment of regional center-affiliated filings while legislation to reauthorize the Regional Center program are being negotiated in Congress. Advocacy efforts to support these bills are ongoing.
Final Action dates for August 2021
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: April 1, 2018
India: June 1, 2011
All other countries: Current
EB-3 Professionals and Skilled Workers
China: January 8, 2019
India: July 1, 2013
All other countries: Current
EB-3 Other Workers
China: January 1, 2010
India: July 1, 2013
All other countries: Current
EB-4
El Salvador, Guatemala, Honduras: January 1, 2019
Mexico: February 1, 2020
All other countries: Current
EB-5 (Non-Regional Center)*
China: November 15, 2015
Vietnam: Current
All other countries: Current
*Regional Center program expired on June 30, 2021 and will remain unavailable unless reauthorized by Congress through legislation.
Dates for Filing for August 2021
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: July 1, 2018
India: December 1, 2011
All other countries: Current
EB-3 Professionals and Skilled Workers
China: July 1, 2019
India: February 1, 2014
All other countries: Current
EB-3 Other Workers
China: May 1, 2010
India: February 1, 2014
All other countries: Current
EB-4
El Salvador, Guatemala, Honduras: March 1, 2019
Mexico: Current
All other countries: Current
EB-5
China: December 15, 2015
Vietnam: Current
All other countries: Current
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.