November Visa Bulletin: Retrogression
The Department of State’s Visa Bulletin for November 2021 includes significant retrogressions for employment-based green card filings in the third (EB-3) preference category for people born in India and China. The cutoff dates are moving back by nearly two years for India, and more than nine months for China. The following cutoff dates will apply for the month of November:
For People Born in China:
People with priority dates before April 1, 2018 can file applications for adjustment of status
USCIS can approve applications for people with priority dates before March 22, 2018
For People Born in India:
People with priority dates before January 22, 2012 can file applications for adjustment of status
USCIS can approve applications for people with priority dates before January 15, 2012
The first preference (EB-1) category remains current for all countries, with the second preference (EB-2) advancing by several months for both India and China, and remaining current for all other countries.
Visa Bulletin Basics:
As background, the Department of State has responsibility for ensuring that the number of immigrant visa (“green card”) applications approved each year does not exceed the annual limits set by US immigration law: 226,000 for Family-Based applications and 140,000 for Employment-Based applications. These limits are further subdivided based on the applicant’s country of birth, as well as the family or employment-based “preference category” that applies to the case. Because the demand for green cards is often higher than the annual limits, the Immigration Service assigns a “Priority Date” for each applicant when the green card sponsorship process is initiated. The Priority Date establishes the applicant’s place in line for a green card.
The Department of State publishes a Visa Bulletin each month to establish “cutoff dates” based on immigrant visa demand and per-country limits for each category. The Visa Bulletin’s cutoff dates govern when green card applications can be submitted and approved for each preference category and country of birth. The Visa Bulletin includes two sets of cutoff dates – one for “Final Action” and one for “Dates for Filing”. After the Visa Bulletin is issued each month, USCIS announces whether it will accept adjustment of status applications based on the “Final Action” cutoff dates or the “Dates for Filing” cutoff dates. For November 2021, USCIS has confirmed that it will use the “Dates for Filing” cutoff dates for purposes of accepting new adjustment of status applications. This means that people with Priority Dates earlier than the “Date for Filing” listed on the charts can submit adjustment of status applications, and USCIS can approve adjustment of status applications for people with Priority Dates before the “Final Action Date” listed on the chart.
