November 2021 Visa Bulletin – EB-3 India and China Significant Retrogression; End of the EB-3 India Downgrade Period?

The U.S. State Department has just released the November 2021 Visa Bulletin which is the second Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is the significant (but expected) retrogression in EB-3 India and China and the closing of the window for EB-3 India downgrades. There are not many changes across the other preference categories.

Which India and China Employment-based Applicants Are Eligible to File I-485 in November?

By using the Filing Dates, USCIS will allow the following India and China applicants to file I-485 in the month of November 2021:

India

• EB-1 India with any priority date (PD);
• EB-2 India with PD before January 8, 2013;
• EB-3 India with PD before January 22, 2012.

China

• EB-1 China with any PD;
• EB-2 China with PD before February 1, 2019;
• EB-3 China with PD before April 1, 2018.

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

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.

Why Is There Not Much Employment-Based Movement and Why Is There Retrogression at EB-3 India and China at the Beginning of the Fiscal Year?

As our clients and readers are aware, USCIS had been advancing the cutoff dates for employment-based cases very aggressively over the past 6-12 months and, as a result, many applicants were able to submit their I-485 applications with USCIS. It looks like USCIS has sufficient number of EB-3 cases (India and China) to use the newly-available quotas for the fiscal year, at least for the initial months, and, as a result, they are slowing down the rate of I-485 filings by retrogressing the cutoff date for EB-3 India and China.

The Closing of The Window for EB-3 India Downgrades

We had been anticipating and we have been warning our readers that the window of opportunity for EB-3 India downgrades is closing. This is actually likely to happen starting November 1 as the EB-2 India cutoff date becomes more favorable than EB-3 India.

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.  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.