May 2021 Visa Bulletin: Continued Strong Movement Across Employment-Based Categories
April 20, 2021
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At a Glance
- EB-1 China and EB-1 India will remain current.
- EB-2 China and EB-2 India will each advance by three months, to December 1, 2016, and August 1, 2010, respectively.
- EB-3 China will advance by two months to May 15, 2018, and EB-3 India will advance by five months to February 1, 2011.
- EB-5 China will remain at August 15, 2015, and EB-5 Vietnam will advance by two months to February 15, 2018.
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.
