The U.S. Department of State has posted the Visa Bulletin For October 2021 (state.gov). In addition to the Chart A/ Final Action priority dates and Chart B/ Dates for Filing priority dates, the bulletin includes the Diversity Visa FY2022 results; information on the scheduled expiration of the Employment Fifth Preference I5 and R5 Regional Center (Investor) Visa Categories and Employment Fourth Preference Religious Worker category; predictions of visa availability in the coming months; and the next “Chat with Charlie”.
Chart A – Final Action No changes from September 2021
Chart B – Dates for Filing Moderate advancement from September 2021: China EB-2 no change; China EB-3 + 6 months; India EB-2 about +7 months; India EB-3 about + 2 months
Importantly USCIS will permit use of Chart B, Dates for Filing for most Employment-Based cases effective October 1, 2021. As of September 13, 2021, USCIS has advised that in October 2021, it will accept I-485 adjustment of status applications for family– or employment-based petitions based on filing dates (Chart B) in all categories except F2A and EB-5.
A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 01JUL18 | C | 01SEP11 | C | C |
| 3rd | C | 08JAN19 | C | 01JAN14 | C | C |
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 01SEP18 | C | 08JUL12 | C | C |
| 3rd | C | 15JAN19 | C | 08JAN14 | C | C |
NEXT “CHAT WITH CHARLIE”
The “Chats with Charlie” series is a monthly Question-and-Answer session with Mr. Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State and a consular officer, in which they answer frequently asked questions about immigrant visa priority dates and provide an analysis of each month’s Visa Bulletin. The chats provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories.
This month’s chat is scheduled to take place on September 15, 2021 at 1:00 p.m. EST on the State Department’s YouTube channel https://www.youtube.com/user/TravelGov to discuss the October Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line. Questions will also be taken via the YouTube Live Chat and will be answered in real-time. The event is intended to address issues of general interest related to the content of the Visa Bulletin, and no policy, case or post specific questions will be accepted.
IMMIGRANT VISA AVAILABILITY IN THE COMING MONTHS
The below final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and several other variables impacting processing.
EMPLOYMENT-based categories (potential monthly movement)
Employment First:
Worldwide: Current
China: Current
India: Current
Employment Second:
Worldwide: Current
China: Up to several months
India: Up to several months
Employment Third:
Worldwide: A final action date could be imposed as early as November
China: A retrogression of this date could occur as early as November
India: A retrogression of this date could occur as early as November
Mexico: A final action date could be imposed as early as November
Philippines: A final action date could be imposed as early as November
Employment Fourth: Current for most countries
El Salvador, Guatemala, and Honduras: Limited, if any, movement expected
Mexico: Limited, if any, movement expected
Employment Fifth: Current for most countries
China: No forward movement
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: No movement expected
F2A: Current
F2B: No movement expected
F3: No movement expected
F4: No movement expected
This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.
Legal Disclaimer: This e-blast is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances.