Most Employment-Based Cutoff Dates Do Not Change in October 2021 Visa Bulletin, While USCIS to Use Dates for Filing Chart to Accept Adjustment of Status Applications

By: Vandana Marath

The United States State Department has released the October 2021 Visa Bulletin. United States Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart to accept employment-based adjustment of status applications. Individuals whose priority dates are before the cutoff date for their employment-based preference category and country may file for adjustment of status.

The October 2021 final action dates for employment-based visas are as follows:

• EB-1: All countries remain current.
• EB-2: China remains at July 1, 2018, and India remains at September 1, 2011. All other countries remain current. Because USCIS will use the Dates for Filing chart in October 2021, nationals of these countries may file adjustment of status applications for EB-2 for priority dates before September 1, 2018 (China) and July 8, 2012 (India).
• EB-3 Professional and Skilled Workers: China remains at January 8, 2019, while India also remains at January 1, 2014. All other countries are current. However, the Dates for Filing chart has moved forward one week to January 15, 2019 for China, and January 8, 2014 for India.
• EB-3 Other Workers: The cutoff date for China remains February 1, 2010. India remains at January 1, 2014. All other countries are current.
• EB-4: El-Salvador, Guatemala, and Honduras remain on March 15, 2019. Mexico is March 1, 2020. All other countries remain current.
• EB-5 Non-Regional (C5, T5): China remains on November 22, 2015. All other countries remain current. The Regional Center program has expired and is awaiting reauthorization by Congress. If reauthorized, the Regional Center program’s final action dates will be the same as the non-regional center program.

The US State Department predicts that the final action dates of EB-3 China and India could retrogress by November 2021. It could also impose final action cutoff dates worldwide by then.

Backlogs at US Consulates continue to delay the issuance of immigrant visas abroad.

EB-5 Regional Center program 

The EB-5 Regional Center Program expired on June 30, 2021. USCIS will reject related adjustment of status applications while Congress negotiates the program’s renewal. It is unclear if and when the program will be reinstated.

Predictions for immigrant visas through january 2022

The State Department has issued predictions for immigrant visa availability through January 2022. In addition to a potential retrogression for EB-3 Chinese and Indian nationals, the agency predicts the following changes to monthly cut-off dates:

• EB-1: No movement. All countries remain current.
• EB-2: India and China advance by several months, while other countries remain current.
• EB-3: China and India could retrogress by November 2021, and the State Department could impose worldwide Final Action Date cutoffs by the same month.
• EB-5: Most countries remain current, but no movement expected for China.

Actual immigrant visa cutoff dates could vary from these projections.

october 2021 dates for filing 

• EB-1:
  • All filing dates remain current.
• EB-2:
  • China: September 1, 2018
  • India: July 8, 2012
  • All other countries: Current
• EB-3 Professional and Skilled Workers:
  • China: January 15, 2019
  • India: January 8, 2014
  • All other countries: Current
• EB-3 Other Workers:
  • China: May 1, 2010
  • India: January 8, 2014
  • All other countries: Current
• EB-4 Religious Workers:
  • El Salvador, Guatemala, and Honduras: May 15, 2019
  • All other countries: Current
• EB-5 Non-Regional and Regional:
  • China: December 15, 2015
  • All other countries: Current

Conclusion

For any questions or assistance adjusting to permanent resident status, contact your trusted Chugh, LLP immigration professional.