May 2021 Visa Bulletin – Continued Forward Movement for EB India
The U.S. State Department has just released the May 2021 Visa Bulletin which is the eighth Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is the continuing significant forward movement for EB-2 and EB-3 India.
Summary of the May 2021 Visa Bulletin – Employment-Based (EB)
EB Category | May 2021 | Apr 2021 | 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 | Current | Current | No change |
EB-1 China | Current | Current | No change |
EB-2 ROW, MX, PH | Current | Current | No change |
EB-2 India | Aug 1, 2010 | May 1, 2010 | Forward by 3 months |
EB-2 China | Dec 1, 2016 | Sep 1, 2016 | Forward by 3 months |
EB-3 ROW | Current | Current | No change |
EB-3 India | Feb 1, 2011 | Sep 1, 2010 | Forward by 5 months |
EB-3 China | May 15, 2018 | Mar 15, 2018 | Forward by 2 months |
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 | Current | Current | No change |
EB-1 China | Current | Current | 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 | Jul 1, 2017 | Jan 1, 2017 | Forward by 6 months |
EB-3 ROW | Current | Current | No change |
EB-3 India | Jan 1, 2014 | Jan 1, 2014 | No change |
EB-3 China | Sep 1, 2018 | Aug 1, 2018 | Forward by 1 month |
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 May 2021 Visa Bulletin – Family-Based (FB)
FB Category | May 2021 | Apr 2021 | Change |
---|---|---|---|
Family Application Final Action Dates (determines when an I-485 or IV can be approved) | |||
FB-1 ROW, China, India | Oct 22, 2014 | Oct 8, 2014 | Forward by 2 weeks |
FB-1 Mexico | Apr 1, 1998 | Feb 22, 1998 | Forward by 5 weeks |
FB-1 Philippines | Feb 1, 2012 | Jan 22, 2012 | Forward by 1 week |
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 | Aug 8, 2015 | Aug 8, 2015 | No change |
FB-1 Mexico | Mar 1, 2000 | Mar 1, 2000 | No change |
FB-1 Philippines | Oct 22, 2012 | Oct 22, 2012 | No change |
FB-2A ROW, China, India, Philippines | Feb 1, 2021 | Jan 1, 2021 | Forward by 1 month |
FB-2A Mexico | Feb 1, 2021 | Jan 1, 2021 | Forward by 1 month |
USCIS will determine and publish separately, a few days after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.
FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status
The Family-based Second Preference (FB-2A) category remains “Current” for this month. This action has been taken in an effort to generate an increased level of “demand” or number of filings.
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 this month’s 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.
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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.