November 2021 Employment-Based Visa Bulletin Released: India and China Retrogress Significantly; Dates for Filing Used for Adjustments of Status

By: Gurshaan Chattha

The US Department of State has released the November 2021 Visa Bulletin. Applicants should refer to the new final action dates and dates for filing in employment-based categories.

Due to a high demand of applications from individuals born in India and mainland China, the EB-3 preference category has regressed significantly on its Final Action dates for both countries. The State Department previously predicted a possible retrogression for the two countries for November 2021.

United States Citizenship and Immigration Services (USCIS) will accept adjustment of status applications based on the Dates for Filing chart. Individuals may file to adjust status if their priority date is earlier than the date listed for their preference category and country of origin.

Final Action cutoff dates

In the November 2021 bulletin, the final action cutoff dates for employment-based visas according to are as follows:

• EB-1: All countries will remain current.
• EB-2: China advances approximately five months to November 15, 2018. India advances three months to December 1, 2011. All other countries remain current.
• EB-3 Professional and Skilled Workers: China retrogresses to March 22, 2018, while India retrogresses to January 15, 2012. All other countries remain current.
• EB-3 Other Workers: The cutoff date for China is now March 22, 2018, while India retreats to January 15, 2012. All other countries remain current.
• EB-4: El-Salvador, Guatemala, and Honduras remain on March 15, 2019. Mexico advances to April 1, 2020. All other countries remain current.
• EB-5 Non-Regional (C5, T5): China remains on November 22, 2015. All other countries remain current.

Retrogressions for china and india in the eb-3 category

USCIS ramped up its rate of processing adjustment of status applications at the end of fiscal year 2021 to reduce the number of visas that would go unused that year. Due to a large increase in adjustment of status applications for Chinese and Indian nationals in the EB-3 green card category, both groups have retrogressed for November 2021.

USCIS aims to avoid a second retrogression this year. Instead, the agency plans to either keep priority dates steady for the rest of fiscal year 2021 or move them forward when possible.

consular processing

Operations at US consulates abroad continue to be delayed due to the COVID-19 pandemic. Many consulates have case backlogs and reduced staffing capacity. Individuals should await instructions from the US consulate that accepted their application.

expiration of the eb-5 regional center program

On June 30, 2021, the EB-5 Regional Center Program expired. USCIS is no longer accepting new applications for this visa category. Congress is negotiating legislation to reauthorize the program.

November 2021 dates for filing

• EB-1:
  • All filing dates remain current.
• EB-2:
  • China: February 1, 2019
  • India: January 8, 2013
  • All other countries: Current
• EB-3 Professional 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, and Honduras: May 15, 2019
  • All other countries: Current
• EB-4 Religious Workers:
  • El Salvador, Guatemala, and Honduras: May 15, 2019
  • All other countries: Current
• EB-5:
  • China: December 15, 2015
  • All other countries: Current

Conclusion

For any questions related to adjustment of status to US permanent resident, contact your trusted Chugh, LLP immigration specialist.