February 2021 Visa Bulletin: Movement Across Most Employment-Based Categories; USCIS to Honor Final Action Dates for Employment-Based Categories

A closer look 

According to the State Department’s February Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: 

• EB-1: All countries except for China and India will remain current in February. China and India will advance by four months to January 1, 2020.
• EB-2: China will advance by two weeks to June 15, 2016, while India will advance by four days to October 12, 2009. All other countries will remain current.

• EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance two weeks to January 1, 2018, and for India will advance more than one week to April 1, 2010. All other countries will remain current in February.
• 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 weeks to October 1, 2017.​

USCIS Employment-based Priority Date Cut-offs in February 2021

U.S. Citizenship and Immigration Services (USCIS) has announced on its Visa Bulletin web page that it will honor the State Department’s Final Action Date chart for adjustment of status filings in February. To be eligible to file an employment-based adjustment application in February, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

February is the second month in which USCIS has chosen the Final Action Date chart after several months of choosing the Dates for Filing chart.

Impact of Presidential Proclamation

Prior to leaving office, former President Trump extended the April 22 proclamation temporarily suspending the entry of certain immigrants to March 31, 2021. It remains unclear as to whether President Biden will rescind the proclamation. Until further notice, the bar will continue to limit the issuance of immigrant visas by U.S. consulates abroad.

Employment-based immigrant visa availability through May 2021

In the February Bulletin, the State Department provides projections for immigrant visa availability through May 2021. Actual movement can depart from projections, but the Department currently predicts the following potential monthly cut-off date movement:

• EB-1: China and India could advance up to six months. Other countries to remain Current.
• EB-2: China could advance up to three weeks and India up to two weeks. Other countries to remain Current.
• EB-3: China could advance up to one month and India up to three weeks. Other countries to remain Current.
• EB-5: No forward movement for China. Up to three weeks for Vietnam. Other countries to remain Current.

 

Final Action cut-off dates for February 2021

EB-1 
China: January 1, 2020
India: January 1, 2020
All other countries: Current                                                                            

EB-2  
China: June 15, 2016
India: October 12, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: January 1, 2018
India: April 1, 2010
All other countries: Current

EB-3 Other Workers  
China: April 1, 2009
India: April 1, 2010
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: April 15, 2018
Mexico: December 15, 2018
All other countries: Current

EB-5
China: August 15, 2015
Vietnam: October 1, 2017
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.