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.

By | Last Updated: April 29th, 2021| Categories: AOS, Articles, 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.