Last Updated on February 23, 2023
Key Points
- The January 2021 Visa Bulletin will bring advancement in employment-based categories
- USCIS will use the Final Action Date chart in January 2021
- EB-1 China and India Final Action dates will advance to September 1, 2019
- EB-2 China will move ahead to June 1, 2016; EB-2 India will progress to October 8, 2009
- For EB-3, China advances six weeks to December 15, 2017; India advances to March 22, 2010
- For EB-5, Vietnam will advance to September 15, 2017 and China will stay ay August 15, 2015
- The EB-5 Regional Center Program will end on December 28, 2020 unless extended by legislation
Overview
The U.S. Department of State has issued the January 2021 Visa Bulletin, which brings some advancement in employment-based categories. U.S. Citizenship and Immigration Services (USCIS) will use final action cutoff dates when determining eligibility to file for permanent residency through employment-based visas.
What are the Changes?
USCIS will use the Final Action Date chart in January 2021 after using the Dates of Filing chart for several months.
Following the Final Action Date chart, all countries will remain current for EB-1 in January except for China and India. Both countries will move ahead five months to September 1, 2019. For EB-2, China will progress one month to June 1, 2016. India will move ahead one week to October 8, 2009. All other countries will stay current. EB-3 Professionals and Skilled Workers cutoff dates will remain current in January 2021 for most countries except China and India. China’s cutoff dates will advance to December 15, 2017. For India, cutoff dates will move ahead one week to March 22, 2010. In the category of EB-4, Guatemala, El Salvador, and Honduras will advance to March 1, 2018. Mexico will advance to December 1, 2018. All other countries will stay current. For EB-5, all countries except for Vietnam will remain current. Vietnam will move ahead two weeks to September 15, 2017. China will stay at August 15, 2015.
Looking Ahead
The Regional Center program may be extended by legislation past its December 28, 2020 expiration. If the associated legislation is signed into law, the EB-5 Regional Center program will be extended through June 30, 2021, and it will continue to follow the same cutoff dates in 2021.
Updates will be provided as they become available.
Learn more about the Visa Bulletin and how to navigate it in this article from the Envoy Global team.
Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is a Managing Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.
