January 2021 Visa Bulletin: Advancement in Employment-based Categories; USCIS to Honor Final Action Dates for Employment-based Categories

A closer look 

According to the State Department’s January 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 January. China and India will advance by five months to September 1, 2019.
• EB-2: China will advance by one month to June 1, 2016, while India will advance by one week to October 8, 2009. All other countries will remain current.
• EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance one and a half months to December 15, 2017, and for India will advance one week to March 22, 2010. All other countries will remain current in January.
• EB-5: The Non-Regional Center program 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 September 15, 2017. The Regional Center program will mirror these dates if it is extended through legislation beyond its December 28, 2020 expiration.

USCIS Employment-based Priority Date Cut-offs in January 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 January. To be eligible to file an employment-based adjustment application in January, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

January is the first month in which USCIS has chosen the Final Action Date chart after several months of choosing the Dates for Filing chart. USCIS will continue to honor the Dates for Filing Chart through December.

Impact of Presidential Proclamation

President Trump’s April 22 proclamation temporarily suspending the entry of certain immigrants is set to expire on December 31, 2020. Should the President extend it into the new year, it would continue to limit the issuance of immigrant visas by U.S. consulates abroad.

Extension of Expiring Programs

Though the Visa Bulletin lists the EB-4 Non-Minister Religious Worker and EB-5 Regional Center programs as unavailable in January, Congress has passed a government funding and economic stimulus package that includes extensions of the programs. If the President signs the legislation into law, the Regional Center program would be extended to June 30, 2021, and the Religious Worker program would be extended to September 30, 2021, making immigrant visa numbers available in January. These programs are set to expire on December 28, 2020 if the legislative package or a temporary stopgap measure is not signed into law by that date. 

EB-1 
China: September 1, 2019
India: September 1, 2019
All other countries: Current                                                                            

EB-2  
China: June 1, 2016
India: October 8, 2009
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: December 15, 2017
India: March 22, 2010
All other countries: Current

EB-3 Other Workers  
China: March 1, 2009
India: March 22, 2010
All other countries: Current

EB-4*
El Salvador, Guatemala, Honduras: March 1, 2018
Mexico: December 1, 2018
All other countries: Current
*Non-minister special immigration religious worker program will become unavailable after December 28, 2020 unless reauthorized by legislation.

EB-5*
China: August 15, 2015
Vietnam: September 15, 2017
All other countries: Current
*Regional Center program will become unavailable after December 28, 2020 unless reauthorized by legislation.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.