The U.S. Department of State (DOS) has released the monthly visa September 2021 Visa Bulletin which features significant advancement in many employment-based green card categories and the United States Citizenship and Immigration Services (USCIS) has issued instructions that the Final Action Dates chart for employment-based cases shall be followed. Both the Departments of State (DOS) and Homeland Security – United States Citizenship and Immigration Services (DHS), (USCIS) have specific roles in administering the law and policies related to the admission of immigrants for permanent residence to the United States. While the DOS Consular Affairs is responsible for issuing visas (allocation and assignment), the USCIS must first approve immigrant petitions as part of a multiple set of applications which also includes a role by the US Department of Labor that is responsible for ensuring that employers seeking to hire employment-based LPRs have met the minimum requirements to hire foreign workers permanently.

This bulletin is extremely important for all immigrant visa applicants as it indicates when applicants can file for the adjustment of status application (the last stage of the green card process) with the USCIS. Once the priority date (the date the immigrant visa petition is filed) becomes current (mentioned on the visa bulletin) the applicant and dependent family members can prepare to file for the I-485 can then assemble and submit the required documentation. In any given year the worldwide immigrant visa number allotment is 140,000 amongst all countries and due to the fact, each country on this list has met the quota for respective immigrant visa backlogs persists.

Below is a summary of the different categories under final action chart:



Employment-
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
VIETNAM
1st
C
C
C
C
C
C
C
2nd
C
01JUL18
C
01SEP11
C
C
C
3rd
C
08JAN19
C
01JAN14
C
C
C
Other Workers
C
01FEB10
C
01JAN14
C
C
C
4th
C
C
15MAR19
C
01MAR20
C
C
Certain Religious Workers
C
C
15MAR19
C
01MAR20
C
C
5th Non-Regional Center
(C5 and T5)
C
22NOV15
C
C
C
C
C
5th Regional Center
(I5 and R5)
U
U
U
U
U
U
U
 
 

1.      Employment-Based, First Preference (EB1) Category

The EB1 category remains current for all countries of chargeability.

2.      Employment-Based, Second Preference (EB2) Category

The cutoff date for the EB2 category for India advances to September 1, 2011. EB2 China moves up to July 1, 2018. The EB2 category remains current for all other countries of chargeability.

3.      Employment-Based, Third Preference (EB3) Category

EB3 India continues to advance rapidly, moving up by six months to a cutoff date of January 1, 2014. EB3 China’s cutoff is left unchanged, at January 8, 2019. The EB3 category remains current for all other countries of chargeability.

4.      EB3 Other Workers

With the exception of China, the cutoff dates for EB3 other workers are the same for each country as its respective EB3 cutoff dates. For China, the cutoff date for EB3 other workers moves to February 1, 2010.

5.      Employment-Based, Fourth Preference (EB4) Category

The cutoff date for EB4 Mexico moves to March 1, 2020. The EB4 cutoff date for El Salvador, Guatemala, and Honduras moves ahead to March 15, 2019. This category remains current for all other countries of chargeability.

6.      Employment-Based, Fifth Preference (EB5) Category

For non-regional center cases, EB5 China advances to November 22, 2015. This category remains current for all other countries of chargeability. For regional center cases, EB5 is listed as unavailable because the program has expired. If Congress renews the regional center program before the end of September 2021, the cutoff dates for regional center cases will match those of non-regional center cases.

For recent immigration law news and updates, stay tuned to Emandi Law Firm. Feel free to reach out with questions at [email protected] or visit www.emandilaw.com