Important Updates
Important Updates
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 21, 2025 | 🌐United States: Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
August 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 20, 2025 | SingaporeSingapore: New Salary Benchmarking Table by Sector Now Available
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 21, 2025 | 🌐United States: Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
August 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 20, 2025 | SingaporeSingapore: New Salary Benchmarking Table by Sector Now Available
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

United States: November 2021 Visa Bulletin - Significant EB-3 India and EB-3 China Retrogressions Due to Recent Surge in Adjustment of Status Approvals; USCIS to Accept Adjustment Applications Based on Dates for Filing

October 14, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • USCIS has announced that it will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the November Visa Bulletin.
  • EB-3 India Final Action dates will retrogress almost two full years to January 15, 2012. EB-3 China will retrogress by about nine and a half months to March 22, 2018. The EB-3 Dates for Filing will retrogress by the same amount to January 22, 2012 for India, and April 1, 2018 for China.
  • EB-1 China and EB-1 India will remain current next month.
  • EB-2 China Final Action dates will advance by four and a half months to November 15, 2018, and EB-2 India Final Action will advance by three months to December 1, 2011. Dates for Filing will advance by five months for EB-2 China to February 1, 2019, and by six months to January 8, 2013.
  • In last month’s Visa Bulletin, the State Department predicted that as early as November 2021, EB-3 India and China final action dates could retrogress. This was a change from the agency’s prior recent predictions about the likelihood of retrogressions.

A closer look 

According to the State Department’s November 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 and a half months to November 15, 2018, and India will advance by three months to December 1, 2011. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India will retrogress almost two full years to January 15, 2012. EB-3 China will retrogress by about nine and a half months to March 22, 2018. All other countries will remain current.
  • EB-5: The Non-Regional Center program will be current for all countries except China. China will remain at November 22, 2015. The Regional Center program has expired and is listed as unavailable in the November Visa Bulletin. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates.

In the Dates for Filing chart, EB-3 India and China retrogress by the same amounts as the Final Actions Dates chart, with cutoffs reverting to January 22, 2012 and April 1, 2018, respectively. For EB-2 India and China, the Dates for Filing chart shows advancement in both categories – by moving five months ahead to February 1, 2019 for China, and moving six months ahead to January 8, 2013 for India.

Employment-based adjustment of status filings

In November, USCIS will accept adjustment applications based on the Dates for Filing chart, as it did last month. USCIS will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the November Visa Bulletin.

EB-3 India and China retrogressions

In last month’s Visa Bulletin, the State Department released projections for the next several months of visa availability, stating that retrogressed Final Action Dates could be imposed for India and China as early as November 2021. These projections were a reversal from the agency’s prior EB-3 predictions stating that retrogressions were unlikely to be imposed prior to the summer of 2022. 

In the November Visa Bulletin, the State Department explains that the new retrogressions are due to a recent heavy increase in visa demand by USCIS in connection with adjustment of status adjudication. Towards the end of FY 2021, USCIS significantly increased their rate of adjustment adjudications in an attempt to minimize the number of immigrant visa numbers that would go unused for the fiscal year. In last month’s State Department Youtube event to discuss the Visa Bulletin and related projections, the agency stated that if a retrogression was to occur, the agency’s goal would be to retrogress only once during the fiscal year and then either hold steady or move forward during the rest of that fiscal year. The agency does not want to move dates ahead too early and then need to retrogress them again in further months, resulting in a potential back and forth of cutoff dates, if at all possible.

Impact of consular operations challenges

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 Trump-era 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 November 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 reauthorization are ongoing.

Dates for Filing for November 2021

EB-1 
China: Current
India: Current
All other countries: Current                                                                            

EB-2  
China: February 1, 2019
India: January 8, 2013
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: April 1, 2018
India: January 22, 2012
All other countries: Current

EB-3 Other Workers  
China: May 1, 2010
India: January 22, 2012
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: May 15, 2019
Mexico: Current
All other countries: Current

EB-5
China: December 15, 2015
Vietnam: Current
All other countries: Current

Final Action Dates for November 2021

EB-1 
China: Current
India: Current
All other countries: Current                                                                            

EB-2  
China: November 15, 2018
India: December 1, 2011
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: March 22, 2018
India: January 15, 2012
All other countries: Current

EB-3 Other Workers  
China: March 1, 2010
India: January 15, 2012
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: March 15, 2019
Mexico: April 1, 2020
All other countries: Current

EB-5*
China: November 22, 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.

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

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.