United States: December 2021 Visa Bulletin - Advancements in EB-2 India and EB-2 China
November 15, 2021
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At a glance
- EB-2 India Final Action dates will advance by five months to May 1, 2012. EB-2 China will advance by six weeks to January 1, 2019. The EB-2 Dates for Filing for India will advance by six months to July 8, 2013, while EB-2 China will advance two months to April 1, 2019.
- EB-3 India and EB-3 China Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
- EB-5 China (Non-Regional Center program) will become current next month.
- EB-1 China and EB-1 India will remain current next month.
A closer look
According to the State Department’s December Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows:
- EB-1: All countries, including India and China, will remain current.
- EB-2: India will advance by five months to May 1, 2012, and China will advance by six weeks to January 1, 2019. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
- EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has expired and is listed as unavailable in the December Visa Bulletin. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates.
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, or on the Dates for Filing chart, as it did last month. In the December Dates for Filing chart, EB-2 India will advance by six months to July 8, 2013, while EB-2 China will advance two months to April 1, 2019.
Impact of consular operations challenges
Visa application backlogs coupled with reduced consular operations due to COVID-19 public health measures and increased travel during the holiday season 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 December 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.
Final Action Dates for December 2021
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: January 1, 2019
India: May 1, 2012
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, 2012
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: Current
All other countries: Current
*Regional Center program expired on June 30, 2021 and will remain unavailable unless reauthorized by Congress through legislation.
Dates for Filing for December 2021
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: April 1, 2019
India: July 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, 2015
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
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
