By Jioselin Juarez

Many employment-based green card categories advance in the US State Department’s April 2021 Visa Bulletin. USCIS has not yet clarified whether it will accept adjustment of status applications based on the Final Action dates chart or the Dates for Filing chart.

Final Action cutoff dates in the April 2021 Visa Bulletin are as follows:

• EB-1:China and India will be current in April. All other countries remain current.
• EB-2: China will advance by about seven weeks to September 1, 2016. India will advance by three and a half months to May 1, 2010. All other countries will remain current.
• EB-3 Professionals and Skilled Workers: China will advance five weeks to March 15, 2018, and India will advance two months to September 1, 2010. All other countries will remain current.
• EB-5: The Regional and Non-Regional Center programs will remain current for all countries excluding China and Vietnam. China’s date remains unchanged at August 15, 2015. Vietnam will advance by about two months to December 15, 2017.

Over the next few days USCIS will likely release the cutoff dates for acceptance of adjustment status applications for April 2021. This announcement will clarify whether the agency will accept applications for adjustment of status to US permanent resident based on the Final Action Dates chart, which it used last month, or the Dates for Filing chart. The Dates for Filing chart has not advanced significantly since March 2021.

Impact of the immigration visa ban

Although President Biden rescinded the Trump-era presidential proclamation which banned certain immigrants from entering the United States, visa backlogs remain at US consulates abroad due to COVID-19 safety measures. Those individuals previously impacted by the ban should see their cases progress, but there may be delays.

April 2021 final action dates

• EB-1:
  • All countries current
• EB-2:
  • China: September 1, 2016
  • India: May 1, 2010
  • All other countries: Current
• EB-3: Professionals and Skilled Workers
  • China: March 15, 2018
  • India: September 1, 2010
  • All other countries: Current
• EB-3: Other Workers
  • China: June 1, 2009
  • India: September 1, 2010
  • All other countries: Current
• EB-4:
  • El Salvador, Guatemala, Honduras: August 1, 2018
  • Mexico: February 1, 2019
  • All other countries: Current
• EB-5:
  • China: August 15, 2015
  • Vietnam: December 15, 2017
  • All other countries: Current

dates for filing (april 2021)

• EB-1:
  • All countries current.
• EB-2:
  • China: January 1, 2017
  • India: May 15, 2011
  • All other countries: Current
• EB-3 Professionals and Skilled Workers:
  • China: August 1, 2018
  • India: January 1, 2014
  • All other countries: Current
• EB-3 Other Workers:
  • China: September 1, 2009
  • India: January 1, 2014
  • All other countries: Current
• EB-4:
  • El Salvador, Guatemala, Honduras: November 1, 2018
  • Mexico: Current
  • All other countries: Current
• EB-5
  • China: December 15, 2015
  • Vietnam: Current
  • All other countries: Current 

Conclusion

Our team will closely watch announcements from the USCIS regarding employment-based adjustment of status for April 2021. We will provide updates as soon as they are available. Please contact your trusted Chugh, LLP professional for case specific questions.