December 2021 Visa Bulletin – Slight Forward Movement in EB-2 India

The U.S. State Department has just released the December 2021 Visa Bulletin which is the third Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is the significant (but expected) forward movement in EB-2 India 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 December?

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

India

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

China

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

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

EB Category Dec 2021 Nov 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 May 1, 2012 Dec 1, 2011 Forward by 5 months
EB-2 China Jan 1, 2019 Nov 15, 2018 Forward by 1.5 months
EB-3 ROW Current Current No change
EB-3 India Jan 15, 2012 Jan 15, 2012 No change
EB-3 China Mar 1, 2012 Mar 1, 2010 Forward by 2 years
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 Jul 8, 2013 Jan 8, 2013 Forward by 6 months
EB-2 China Apr 1, 2019 Feb 1, 2019 Forward by 2 months
EB-3 ROW Current Current No change
EB-3 India Jan 22, 2011 Jan 22, 2011 No change
EB-3 China Apr 1, 2018 Apr 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 December 2021 Visa Bulletin – Family-Based (FB)

FB Category Dec 2021 Nov 2021 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Dec 1, 2014 Dec 1, 2014 No change
FB-1 Mexico May 8, 1999 Jan 15, 1999 Forward by 4 months
FB-1 Philippines Mar 1, 2012 Mar 1, 2012 No change
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 May 15, 2016 May 15, 2016 No change
FB-1 Mexico Dec 1, 2000 Aug 1, 2000 Forward by 4 months
FB-1 Philippines Apr 22, 2015 Apr 22, 2015 No change
FB-2A ROW, China, India, Philippines Sep 1, 2021 Jun 1, 2021 Forward by 3 months
FB-2A Mexico Sep 1, 2021 Jun 1, 2021 Forward by 3 months

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.

By | Last Updated: December 2nd, 2021| Categories: Articles, 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.