The U.S. Citizenship and Immigration Services (USCIS) released the December 2021 Visa Bulletin, which includes slight advancement in the EB-2 category for India and China. EB-3 remains unchanged.
For EB-2, the Final Action Dates for India will advance by 5 months to May 1, 2012, with a Dates for Filing advancement of six months to July 8, 2013. For China, the Final Action Dates for EB-2 will advance by 6 weeks to January 1, 2019, with a Dates for Filing advancement of 2 months to April 1, 2019.
If the priority date for your employment or family-based category is before the date listed below by category and you are in the United States, you may file your application to adjust your status. Individuals must also include their applications for employment authorization and travel permission, assuming all other requirements are met.
Please note that USCIS has not yet announced if it will accept I-485 applications in December based on the Department of State’s Dates for Filing chart rather than the less favorable Final Action Dates Chart. As such, both charts’ cutoff dates are provided below:
Employment-Based Applications:
- Employment-Based, First Preference (EB-1) Category: The EB-1 category remains current for all countries of chargeability including India and China, for both charts.
- Employment-Based, Second Preference (EB-2) Category: The EB-2 category for all countries of chargeability except India and China mainland continues to be current for both charts. The filing date for Indian nationals for EB-2 is July 8, 2013, with a final action date of May 1, 2012. For Chinese nationals, the filing date is April 1, 2019, with a final action date of January 1, 2019.
- Employment-Based, Third Preference (EB-3) Category: Like EB-2, the EB-3 preference category for all countries of chargeability continues to be current for both charts, excluding India and Mainland China. EB-3 Indian nationals in December have a filing date of January 22, 2012, with a final action date of January 15, 2012. For Chinese nationals, the filing date is April 1, 2018, with a final action date of March 22, 2018.
- Employment-Based, Certain Religious Workers Category: Using the Dates of Filing chart, this category is current for all countries except for El Salvador, Guatemala, and Honduras. The filing date for the nationals of those countries will remain the same, which is May 15, 2019. Using the Final Action Dates chart, this category is current for all countries except El Salvador, Guatemala, Honduras, and Mexico. For El Salvador, Guatemala, and Honduras, the final action date is May 15, 2019. For Mexico, the final action date is April 1, 2020.
Family-Based Applications:
USCIS has not yet announced which chart will be used for the family-sponsored preference categories. When the announcement is made, ILBSG will update its clients.
ILBSG continues to monitor and report predictions and movements related to the monthly visa bulletin. If you have any questions regarding your priority date or any immigration-related issue, please reach out to an ILBSG attorney today. We work with you to ensure you get the right advice.
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