The January 2021 Visa Bulletin was released last week shortly before Christmas. No major changes to note for the upcoming month except that USCIS has indicated that the Final Action Dates chart is to be used this month by applicants filing for their employment-based greencards.
Commentary:
January 2021
For all countries except India, China, Philippines, and Mexico: F2A category priority date remains current, F2B preference remains at a PD of 8 July 2015, F4 category advances 16 days to 8 October 2006; EB1 remains current; EB2 remains current; and EB3 remains current.
For India only: F2A category remains current, F2B preference remains at 8 July 2015, F4 advances 7 days to a PD of 15 March 2005; EB1 advances 153 days to a PD of 1 September 2019; EB2 advances 7 days to 8 October 2009; EB3 advances 7 days to a PD of 22 March 2010; EB5 Non-Regional Center remains current whereas the Regional Center is now unavailable.
For China only: EB1 advances 153 days to a PD of 1 September 2019; EB2 advances 31 days to a PD of 1 June 2016; EB3 advances 44 days to a PD of 15 December 2017; EB5 Non-Regional Center remains at a PD of 15 August 2015 whereas the Regional Center is now unavailable.
For Vietnam only: EB5 Non-Regional Center advances 14 days to a PD of 15 September 2017 where the Regional Center is now unavailable.
Can file your immigrant applications if PD before:
F2A 1 August 2020; F2B 1 May 2016 for All Areas, except 1 December 1999 for Mexico and 1 April 2012 for Philippines; F4 15 September 2007 for All Areas, except 22 November 2005 for India, 22 April 1999 for Mexico, and 1 September 2002 for Philippines.
EB1 Current for all countries, except 1 November 2020 for China and 1 November 2020 for India; EB2 All countries except India and China are current; EB3 Current for all countries except India and China; EB2 India remains at 15 May 2011; EB3 India remains at 1 January 2014; EB2 China remains at 1 October 2016; EB3 China remains at 1 June 2018; EB5 China (RC and Non-RC) remains at 15 December 2015; Vietnam is not individually listed and should use the all countries category.
Notes copied from the Department of State regarding Visa availability:
D. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
E. SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
The one week continuing resolution signed into law on December 21, 2020 extended both the Employment Fourth Preference Certain Religious Workers (SR) and Employment Fifth Preference Pilot (I5 and R5) Categories until December 28, 2020. Readers should monitor legislative action regarding the future status of these categories beyond that date.
Employment Fourth Preference Certain Religious Workers (SR):
If there is further legislative action extending this category, the December dates would continue to be applied, potentially for the remainder of the month. If there is no legislative action extending this category for December and beyond, the category is to be considered to be “Unavailable” immediately.
If there is legislative action extending this category for January, the final action date would immediately become “Current” for January for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a March 1, 2018 final action date, and for Mexico, which would be subject to a December 1, 2018 final action date.
Employment Fifth Preference Categories (I5 and R5):
If there is further legislative action extending this category, the December dates would continue to be applied, potentially for the remainder of the month. If there is no legislative action extending these categories for December and beyond, the category is to be considered to be “Unavailable” immediately.
If there is legislative action extending this category for January, the final action date would immediately become “Current” for January for all countries except China-mainland born, which would be subject to an August 15, 2015 final action date, and for Vietnam, which would be subject to a September 15, 2017 final action date.
Notes from Tahmina:
In light of the No-RFE memo as well the NTA memos, it is important that those waiting to receive their greencards maintain their underlying visa status.
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