February 2021 Visa Bulletin – Minor Forward Movement; Predictions for Upcoming Months

The U.S. State Department has just released the February 2021 Visa Bulletin which is the fifth 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 Final Action for family-based categories although Dates of Filing are advancing modestly.

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

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 February 2021 Visa Bulletin – Family-Based (FB)

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 February 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.

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.

Visa Bulletin Predictions – Employment-Based

The February 2021 Visa Bulletin provides some predicted/potential monthly movements for the following months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-1 Rest of World (ROW).   Expected to remain current.

EB-1 India and China. Up to six months potential monthly forward movement.

EB-2 ROW. Expected to remain current for the foreseeable future.

EB-2 India.  Up to two weeks per month.

EB-2 China.    Up to three weeks per month.

EB-3 ROW.  Expected to remain current..

EB-3 India. Up to three weeks.

EB-3 China. Up to one month.

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 February 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.