On April 20, 2021, the U.S. Department of State released the May 2021 Visa Bulletin and the U.S. Citizenship and Immigration Services said it will accept employment-based Form I-485 according to the “Final Action Dates” chart in the Visa Bulletin. The U.S. State Department recently launched “Chats with Charlie” – a YouTube video series with State’s Chief of the Visa Control and Reporting Division, Charlie Oppenheim, discussing the monthly visa bulletin.
On April 20, 2021, U.S. Citizenship and Immigration Services (USCIS) confirmed that it will accept employment-based Forms I-485, Applications to Register Permanent Residence or Adjust Status, next month according to the Visa Bulletin’s “Final Action Dates” chart.1 The U.S. Department of State released the May 2021 Visa Bulletin on April 20, 2021.2
Also, the U.S. State Department recently launched “Chats with Charlie” on YouTube to discuss the monthly Visa Bulletin.3 Charlie Oppenheim is Chief of the Visa Control and Reporting Division of the U.S. Department of State. He has historically made predictions about movement in priority date cut-offs. Mr. Oppenheim hosted a live chat related to the May 2021 Visa Bulletin on April 22, 2021. He will continue to host discussions regarding the Visa Bulletin on a monthly basis.
Each month, the U.S. Department of State releases a Visa Bulletin indicating the availability of statutorily limited visas for prospective immigrants.4 The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 in a given month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether pending I-485 applications may be approved.
The live chats hosted by Charlie Oppenheim could be a welcome opportunity for visa applicants and employers to ask general questions pertaining to the Visa Bulletin and anticipated movement in each visa category. Questions may be emailed to VisaBulletin@state.gov in advance of each live session. Questions may also be asked via the YouTube live chat feature and will be answered in real-time. The Department of State has advised that questions about policy or case-specific issues will not be addressed by Mr. Oppenheim.
The cut-off dates under the Final Action Dates chart for employment-based immigrant visas under the May 2021 Visa Bulletin will be as follows:
EB-1: All countries of chargeability will be current.
EB-2: All countries of chargeability except India and the People’s Republic of China (“China”) will remain current. China’s cut-off date will advance to December 1, 2016. India’s cut-off date will move ahead to August 1, 2010.
EB-3 Professionals & Skilled Workers: All countries of chargeability except India and China will remain current. China will advance to May 15, 2018, and India will move forward to February 1, 2011.
EB-3 Other Workers: All countries of chargeability except for India and China will remain current. China’s cut-off date for next month is August 1, 2009, while the cut-off date for India is February 1, 2011.
EB-4: El Salvador, Guatemala and Honduras will advance to September 1, 2018. Mexico will advance to March 15, 2019. All other countries of chargeability will remain current.
EB-5: All countries of chargeability, except China and Vietnam, will remain current. China’s cut-off date will remain at August 15, 2015, while Vietnam’s will advance to February 15, 2018.
1 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
2 See the U.S. Department of State website.
* Please note that KPMG LLP (U.S.) does not provide any immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration and labor matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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