March 2021 Visa Bulletin Released: Many Employment-Based Green Card Categories Advance

Practice Areas

By Diya Mathews

The US State Department’s March 2021 Visa Bulletin features significant advancement in many employment-based green card categories. Following the trend of the last two months, United States Citizenship and Immigration Services (USCIS) will honor the Final Action Dates chart for employment-based cases.

Final Action cutoff dates advance for many employment-based green card preference categories in the Visa Bulletin for March 2021.

  • EB-1: Notably, the EB-1 green card advances by seven months for China and India to August 1, 2020. All other countries are current.
  • EB-2: India advances three months to January 15, 2010. China advances one month to July 15, 2016. All other countries are current.
  • EB-3 (professionals and skilled workers): India advances three months to July 1, 2010, and China moves forward to February 18, 2018.
  • EB-5: All countries are current for Regional and Non-Regional Center programs, except Vietnam and China. Vietnam advances three weeks to October 22, 2017, while China remains unchanged at August 15, 2015.

Interpreting the Final Action Date Chart

USCIS will honor the Final Action Dates chart for individuals who apply to adjust status to legal permanent resident in March 2021. Foreign nationals who are sponsored by their employers are eligible to file an employment-based adjustment of status application in March 2021 if their priority date is earlier than the date listed for their preference category and country.

Impact of the Presidential Proclamation

Before leaving office, President Trump extended the presidential proclamation which limits the entry of prospective employment-based green card holders if they were outside of the country on the proclamation’s effective date and did not already hold a valid US visa or travel document. The extension is effective through March 31, 2021.

President Joe Biden has not rescinded the policy. Until further notice, the proclamation will limit the ability of impacted foreign nationals to obtain immigrant visas at US consulates abroad.

Final Action Cutoff Dates for March 2021

  • EB-1
    • China and India: August 1, 2020
    • All other countries: Current
  • EB-2:
    • India: January 15, 2010
    • China: July 15, 2016
    • All other countries: Current
  • EB-3 (professionals and skilled workers):
    • India: July 1, 2010
    • China: February 8, 2018
    • All other countries: Current
  • EB-3 (other workers):
    • India: July 1, 2010
    • China: May 1, 2009
    • Other countries: Current
  • EB-4; Certain Religious Workers:
    • Mexico: January 1, 2019
    • El Salvador, Guatemala, and Honduras: June 1, 2018
    • All other countries: Current
  • EB-5 (Regional Center and Non-Regional Center):
    • China: August 15, 2015
    • Vietnam: October 22, 2017
    • All other countries: Current

Conclusion

For help adjusting status to a US permanent resident, or for any case-specific questions related to employment-based green cards, please contact your trusted Chugh, LLP attorney.

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