The December 2021 Visa Bulletin was released late last week. Most employment-based categories saw some steady forward movement but nothing particularly noteworthy. Most family-based categories saw little to no movement. Once again, USCIS has indicated that the Dates for Filing chart is to be used by all applicants filing for their greencards in both the employment-based and family-based categories, except for F2A which is to use the Final Action Dates chart.
Commentary:
December 2021
For all countries except India, China, Philippines, and Mexico: F2A category priority date remains current, F2B preference remains at a PD of 22 September 2015, F4 category remains at 22 March 2007; EB1 remains current; EB2 remains current; and EB3 remains current.
For India only: F2A category remains current, F2B preference remains at 22 September 2015, F4 remains at a PD of 15 September 2005; EB1 remains current; EB2 advances 152 days to 1 May 2012; EB3 remains at a PD of 15 January 2012; EB5 Non-Regional Center remains current and the Regional Center remains unavailable.
For China only: EB1 remains current; EB2 advances 47 days to a PD of 1 January 2019; EB3 remains at a PD of 22 March 2018; EB5 Non-Regional Center is now current and the Regional Center remains unavailable.
For Vietnam only: EB5 Non-Regional Center remains current and the Regional Center remains unavailable.
Can file your immigrant applications if PD before:
F2A Current; F2B 22 September 2016 for All Areas, except 1 January 2001 for Mexico and 1 October 2013 for Philippines; F4 1 October 2007 for All Areas, except 1 January 2006 for India, 1 August 1999 for Mexico, and 1 February 2004 for Philippines.
EB1 Current for all countries, including China and India; EB2 All countries except India and China are current; EB3 Current for all countries except India and China; EB2 India 8 July 2013; EB3 India 22 January 2012; EB2 China 1 April 2019; EB3 China 1 April 2018; EB5 China (RC) 15 December 2015; EB5 China (Non-RC) Current; Vietnam is not individually listed and should use the all countries category.
Notes copied from the Department of State regarding Visa availability:
D. EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES
Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the immigrant investor pilot program until June 30, 2021. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021.
The final action dates for the I5 and R5 categories have been listed as “Unavailable” for December.
If there is legislative action extending this category for December, the final action dates would immediately become “Current” for December for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date.
E. SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKER (SR) CATEGORY
Employment Fourth Preference Certain Religious Workers (SR):
Pursuant to H.R.5305 – Extending Government Funding and Delivering Emergency Assistance Act, the non-minister special immigrant program expires on December 3, 2021. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 2, 2021. Visas issued prior to this date will only be issued with a validity date of December 2, 2021 and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight December 2, 2021.
The final action date for this category has been listed as “Current” for December for all countries except El Salvador, Guatemala, Honduras, and Mexico, which are subject to specific final action dates for December. If there is no legislative action extending this category for FY-2022, the final action date would immediately become “Unavailable” for December for all countries effective December 3, 2021.
F. CHINA-MAINLAND BORN EMPLOYMENT-BASED FIFTH PREFERENCE C5 AND T5 NON-REGIONAL CENTER VISA CATEGORIES BECOME “CURRENT” FOR DECEMBER
These categories have become “Current” for December; however if China-mainland born number use were to materialize at a level which could potentially jeopardize visa availability under the overall FY-2022 Employment-based Fifth preference annual limit it would then be necessary to once again impose a final action date.
G. 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
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