January 2021 Visa Bulletin – Not Much Movement to Open the New Calendar Year

The U.S. State Department has just released the January 2021 Visa Bulletin which is the fourth Visa Bulletin for the FY2021 fiscal year. The headline in the upcoming month’s Visa Bulletin is the slowing rate of forward movement in most employment-based categories. There is almost no movement in the family-based categories.

Summary of the January 2021 Visa Bulletin – Employment-Based (EB)

EB Category Jan 2021 Dec 2020 Change
Employment Application Final Action Dates (determines when an I-485 or IV can be approved)
EB-1 ROW, MX, PH Current Current No change
EB-1 India Sep 1, 2019 Apr 1, 2019 Forward by 5 months
EB-1 China Sep 1, 2019 Apr 1, 2019 Forward by 5 months
EB-2 ROW, MX, PH Current Current No change
EB-2 India Oct 8, 2009 Oct 1, 2009 Forward by 1 week
EB-2 China Jun 1, 2016 May 1, 2016 Forward by 1 month
EB-3 ROW Current Current No change
EB-3 India Mar 22, 2010 Mar 15, 2010 Forward by 1 week
EB-3 China Dec 15, 2017 Nov 1, 2017 Forward by 6 weeks
EB-3 Mexico Current Current No change
EB-3 Philippines Current Current No change
Dates for Filing Employment Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
EB-1 ROW, MX, PH Current Current No change
EB-1 India Nov 1, 2020 Nov 1, 2020 No change
EB-1 China Nov 1, 2020 Nov 1, 2020 No change
EB-2 ROW, MX, PH Current Current No change
EB-2 India May 15, 2011 May 15, 2011 No change
EB-2 China Oct 1, 2016 Oct 1, 2016 No change
EB-3 ROW Current Current No change
EB-3 India Jan 1, 2014 Jan 1, 2014 No change
EB-3 China Jun 1, 2018 Jun 1, 2018 No change
EB-3 Mexico Current Current No change
EB-3 Philippines Current Current No change

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Summary of the January 2021 Visa Bulletin – Family-Based (FB)

FB Category Jan 2021 Dec 2020 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Sep 15, 2014 Sep 15, 2014 No change
FB-1 Mexico Jan 15, 1998 Jan 8, 1998 Forward by 1 week
FB-1 Philippines Jan 1, 2012 Dec 15, 2011 Forward by 2 weeks
FB-2A ROW, China, India, Philippines Current Current No change
FB-2A Mexico Current Current No change
Dates for Filing Family Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
FB-1 ROW, China, India Jul 22, 2015 Jul 22, 2015 No change
FB-1 Mexico Feb 22, 2000 Feb 22, 2000 No change
FB-1 Philippines Oct 8, 2012 Oct 8, 2012 No change
FB-2A ROW, China, India, Philippines Aug 1, 2020 Aug 1, 2020 No change
FB-2A Mexico Aug 1, 2020 Aug 1, 2020 No change

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

EB-3 India Slowing Down – Window for EB-2 to EB-3 India Downgrades Closing?

After the October-December 2020 Visa Bulletins we saw great demand in EB-3 India filings, including EB-2 to EB-3 India downgrades. As a result, the December 2020 Visa Bulletin indicated that EB-3 India date for filing is moving back by one year and this is where the level is set for January 2021. This is an indication that USCIS is seeing strong demand and they are attempting to limit the number of cases. Very likely this retrogression will continue and, as a result, the window for EB-3 India downgrades is closing down for some.

We have put together a guide on understanding the EB-2 to EB-3 downgrading process, including who may benefit from it and how to go about the process.    We invite you to review our guide and also to contact us if we can be of any help.

Why Is There Such Major Forward Movement in Employment and Not Much Movement in Family Cutoff Dates?

As our clients and readers are aware, USCIS field offices have been closed and are only gradually starting to reopen for I-485 processing. Similarly, U.S. Consulates abroad have been closed for most services as well. This means that fewer visa numbers were used by the field offices and consulates.

Additionally, we are seeing a drop off in the demand for visa numbers as a result of the worsening economic conditions as some employers and immigrant applicants delay or pull back their applications.

As a result, it is expected that FY21, the allocation of employment-based visa numbers to be high. This is because the law requires unused family-based visa numbers from the immediate prior fiscal year to be added to the employment-based allocation (and vice versa). We saw a significant employment-based number usage in FY20 before COVID-19 while we also saw limited family-based visa number usage.

FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status (Assuming USCIS Will Allow It)

The Family-based Second Preference (FB-2A) category remains “Current” for January.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.     It should be noted that the the Department of State is confirming that FB-2A will not remain Current for much longer and a cutoff date and a retrogression is expected over the next few months.

FB-2A category is for “Spouses and Children (generally under 21 years of age) of Permanent Residents”

This means that FB-2A applicants, especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in the event there is a cutoff date introduced in the following month’s Visa Bulletin.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    So this is an opportunity to file I-485 not only for existing but also for new FB-2A cases.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Current Date?

Our office stands ready to assist in the applicable process to take advantage of the significant restructuring in the way the cutoff dates are determined and published.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the January 2021 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

By | Last Updated: December 23rd, 2020| Categories: Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.