The U.S. Department of State released the December 2021 Visa Bulletin.1 The U.S. Citizenship and Immigration Services (USCIS) has also confirmed that it will accept employment-based Form I-485, Applications to Register Permanent Residence or Adjust Status, next month according to the Visa Bulletin’s “Dates of Filing” chart.2  

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.3 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 application in a given month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether a pending Form I-485 or immigrant visa application may be approved. 

Employment-Based Preference Category Cut-Off Dates

The cut-off dates on the employment-based Final Action Dates chart in the December 2021 Visa Bulletin reflect progression in the EB-2 categories for the People’s Republic of China (“China”) and India. The Final Action Dates are as follows:

EB-1: All countries of chargeability will remain current. 

EB-2: All countries of chargeability except India and China will remain current. China’s cut-off date will progress to January 1, 2019, and India’s cut-off date will progress to May 1, 2012.

EB-3 Professionals and Skilled Workers: All countries of chargeability except India and China will remain current. China’s cut-off date will remain at March 22, 2018, and India’s cut-off date will remain at January 15, 2012.

EB-3 Other Workers: All countries of chargeability except India and China will remain current. China’s cut-off date will progress to March 1, 2012, and India’s cut-off date will remain at January 15, 2012.

EB-4: The cut-off date for El Salvador, Guatemala, and Honduras will remain at March 15, 2019. Mexico’s cut-off date will remain at March 1, 2020. All other countries of chargeability will continue to be current in December.

EB-5: The Non-Regional Center program will be current for all countries. The Regional Center program has expired. If the Regional Center program is reauthorized next month, then the cut-off dates will mirror those of the Non-Regional Center program. 

The cut-off dates per the Dates for Filing chart in the December 2021 Visa Bulletin are below:

EB-1: All countries of chargeability will be current. 

EB-2: All countries of chargeability except India and China will be current. China’s cut-off date will progress to April 1, 2019, and India’s cut-off date will progress to July 8, 2013. 

EB-3 Professionals and Skilled Workers: All countries of chargeability except India and China will be current. China’s cut-off date will remain at April 1, 2018, and India’s cut-off date will remain at January 22, 2012.

EB-3 Other Workers: All countries of chargeability except India and China will remain current. China’s cut-off date will progress to May 1, 2015 and India’s cut-off date will remain at January 12, 2012.

EB-4: The cut-off date for El Salvador, Guatemala, and Honduras will remain at May 15, 2019. All other countries of chargeability will be current in December.

EB-5: The Non-Regional Center program will be current for all countries. The Regional Center program will be current for all countries except China. China’s cut-off date will be December 15, 2015. 

FOOTNOTES

1. U.S. Department of State website.

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

3. For our prior coverage of the November 2021 Visa Bulletin, read GMS Flash Alert 2021-264 (October 20, 2021).

* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

 

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

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