On June 18, 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 July 2021 Visa Bulletin on  June 9, 2021.2

Also, the U.S. State Department continues to use its “Chats with Charlie” on YouTube to discuss the monthly Visa Bulletin. 3 Charlie Oppenheim,  Chief of the Visa Control and Reporting Division of the U.S. Department of State, has historically made predictions about movement in priority date cut-offs. Mr. Oppenheim is expected to host a live chat related to the July 2021 visa bulletin soon. As of the date of this publication, the YouTube livestream has not been made available online. 

WHY THIS MATTERS

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 are an excellent 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.   

Employment-Based Preference Categories

The cut-off dates under the Final Action Dates chart for employment-based immigrant visas under the July 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 China will remain current. China’s cut-off date will advance to December 1, 2017. India’s cut-off date will move ahead to June 1, 2011. 

EB-3 Professionals & Skilled Workers: All countries of chargeability except for India and China will remain current. China’s cut-off date for next month is January 1, 2019, while the cut-off date for India is January 1, 2013. 

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 December 1, 2009, while the cut-off date for India is January 1, 2013. 

EB-4: El Salvador, Guatemala and Honduras will advance to December 1, 2018. Mexico will advance to February 1, 2020. 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 advance to November 8, 2015, while Vietnam’s will advance significantly to April 1, 2020.

FOOTNOTES

1. See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.

2. See U.S. Department of State website.

3. See https://www.youtube.com/user/TravelGov

4. For our prior coverage of the June 2021 Visa Bulletin, read GMS Flash Alert 2021-152 (27 May 2021). 

* 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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