December 2021 Visa Bulletin: EB-2 Visas Advance for China and India

By: Joy Dungca

The United States State Department has released the December 2021 Visa Bulletin. Applicants should refer to the new final action dates and dates for filing in employment-based categories.

After an increase in demand resulted in significant regression for EB-3 visas in November 2021, cut-off dates for EB-3 visas remain consistent for December 2021.

United States Citizenship and Immigration Services (USCIS) has confirmed that individuals should consult the December 2021 Dates for Filing chart when filing employment-based visa adjustment of status applications. To be eligible to adjust status, an applicant’s priority date must be earlier than the date listed on the chart for their country of origin and preference category.

the final action dates for employment-based visas are as follows in the december 2021 bulletin:

• EB-1: All countries remain current.
• EB-2: China advances about two months to January 1, 2019. India advances to May 1, 2012. All other countries remain current.
• EB-3 Professional and Skilled Workers: China remains at March 22, 2018, while India remains at January 15, 2012. All other countries are current.
• EB-3 Other Workers: The cutoff date for China remains steady at March 1, 2012, and India remains at January 15, 2012. All other countries are current.
• EB-4: El-Salvador, Guatemala, and Honduras remain at March 15, 2019, while Mexico stays at April 1, 2020. All other countries remain current.
• EB-5 Non-Regional (C5, T5): Unavailable

december 2021 dates for filing

• EB-1:
• • All filing dates remain current.
• EB-2:
  • China: April 1, 2019
  • India: July 8, 2013
  • All other countries: Current
• EB-3 Professional and Skilled Workers:
  • China: April 1, 2018
  • India: January 22, 2012
  • All other countries: Current
• EB-3 Other Workers:
  • China: May 1, 2015
  • India: January 22, 2012
  • All other countries: Current
• EB-4:
  • El Salvador, Guatemala, and Honduras: May 15, 2019
  • All other countries: Current
• EB-4 Religious Workers:
  • El Salvador, Guatemala, and Honduras: May 15, 2019
  • All other countries: Current
• EB-5:
  • China: December 15, 20155
  • All other countries: Current

delays in consular operations

There are backlogs in immigration applications and reduced consular operations due to the COVID-19 pandemic. More delays are expected during the holiday season, and consulate offices abroad will limit the number of immigrant visas they issue.

Immigrant visa applicants that were previously impacted by the Trump-era immigration ban may see their cases advance, but they will continue to face delays. Candidates should check with their closest US Consulate for more information.

eb-5 regional center program

The EB-5 Regional Center program expired on June 30, 2021 and is now listed as “unavailable” in the December 2021 Visa Bulletin. USCIS stopped processing immigrant visa and adjustment of status applications for the EB-5 Regional Program on June 30. Congress is negotiating legislation that would reinstate the visa category.

conclusion

For any questions or assistance adjusting to permanent resident status, contact your trusted Chugh, LLP immigration specialist.