May 2021 Visa Bulletin: Continued Strong Movement Across Employment-Based Categories

A closer look 

According to the State Department’s May 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 in May.
• EB-2: China and India will both advance by three months. China will advance to December 1, 2016, while India will advance to August 1, 2010. All other countries will remain current.
• EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance two months to May 15, 2018, and for India will advance five months to February 1, 2011. All other countries will remain current in May.
• EB-5: The Regional and Non-Regional Center programs will remain current for all countries except China and Vietnam. China will remain at August 15, 2015, while Vietnam will advance by two months to February 15, 2018.

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 May Dates for Filing chart, EB-2 China advances significantly by six months to July 1, 2017, while the EB-3 China professional and skilled worker category advances modestly by one month to September 1, 2018.

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 expect delays as consulates continue to phase in routine services and work through backlogs. Those previously refused under the IV ban should await further instruction from the U.S. consulate that handled their application.

Final Action dates for May 2021

EB-1 

China: Current

India: Current

All other countries: Current                                                                            

EB-2  

China: December 1, 2016

India: August 1, 2010

All other countries: Current

EB-3 Professionals and Skilled Workers  

China: May 15, 2018

India: February 1, 2011

All other countries: Current

EB-3 Other Workers  

China: August 1, 2009

India: February 1, 2011

All other countries: Current

EB-4

El Salvador, Guatemala, Honduras: September 1, 2018

Mexico: March 15, 2019

All other countries: Current

EB-5

China: August 15, 2015

Vietnam: February 15, 2018

All other countries: Current

Dates for Filing for May 2021

EB-1 

China: Current

India: Current

All other countries: Current                                                                            

EB-2  

China: July 1, 2017

India: May 15, 2011

All other countries: Current

EB-3 Professionals and Skilled Workers  

China: September 1, 2018

India: January 1, 2014

All other countries: Current

EB-3 Other Workers  

China: November 1, 2009

India: January 1, 2014

All other countries: Current

EB-4

El Salvador, Guatemala, Honduras: November 1, 2018

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.