January 2021 Visa Bulletin – Modest Forward Movement – Final Action Dates to be Followed for Employment Based Filings
On Wednesday, December 23, the U.S. Department of State (DOS) published the Monthly Visa Bulletin for January 2021.
The January Visa Bulletin reveals some forward movement in Final Action Dates across most categories for individuals born in China (PRC) and India. Final Action Dates continue to remain current for those born outside of China (PRC) and India in the EB-1, EB-2, EB-3, and Other Workers categories. EB-5 (non-regional center) remains current for those born outside of China (PRC) and Vietnam. Final Action Dates for the EB-5 (regional center) category are shown as “Unauthorized” in the current Visa Bulletin because the continuity of the regional center program relies on the passage of a continuing resolution, and as of the date the Visa Bulletin was released, the continuing resolution had not yet been signed by President Trump. The continuing resolution has now been signed, so we can expect the DOS to publish Final Action Dates for this category in the February 2021 Visa Bulletin.
Most categories show no movement or limited forward movement in the Dates for Filing.
U.S. Citizenship and Immigration Services (USCIS) has posted on its website that beneficiaries of employment-based immigration petitions may file Applications to Adjust Status (“green card” applications) based on the Final Action Dates in January. Individuals with priority dates before the Final Action Dates listed under the January Visa Bulletin may file green card applications in January. Additionally, those with pending green card applications with priority dates before the listed Final Action dates are eligible for approval in January if the criteria for permanent residence has been met.
Please review the chart here for the specific changes shown on the January 2021 Visa Bulletin relative to the December 2020 Visa Bulletin.
Foster LLP will continue to track immigrant visa availability and provide updates about any developments via Immigration Updates©, articles, and blogs on our website at www.fosterglobal.com.