October 2021 visa bulletin shows only minor progress for employment-based visa applications – Immigration


United States: October 2021 visa bulletin shows only minor progress for employment-based visa applications

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On September 13, 2021, the US Department of State released the Visa Bulletin for October 2021, which showed minor progress in prioritizing pending filings for recipients of employment-based immigrant visas (EBs). (green card). The Visa Bulletin for October 2021 had been eagerly awaited, in part due to the substantial progress seen in October 2020 which enabled thousands of employed foreign nationals to file Form I-485 applications for adjustment of the visa. permanent residence status.

On October 1, 2021, new immigrant visas for the fiscal year will be available. In addition, unused family immigrant visas from the previous fiscal year will be added to the pool of employment-based immigrant visas for the upcoming fiscal year. However, the influx of newly available immigrant visas does not necessarily mean that the additional visas will be processed and issued.

Notable updates

The October 2021 Visa Bulletin removes Vietnam as its own category of arrears, and Vietnam is now included in the “All chargeability” category. In addition, EB-1, EB-2, EB-3 and “Other workers” applications are underway in October 2021 for worldwide except China and India.

Table of final action dates

On the final action board, there was virtually no movement in priority dates. Priority dates for EB-2, EB-3 and “Other workers” for China and India have remained the same as the Visa Bulletin dates of September 2021.

Table filing dates

The filing dates table was almost as constant as the final actions table, but showed a few small changes. The EB-2 priority date for India has been moved from December 2011 to July 2012. At the same time, the dates for the EB-3 and “Other workers” categories have shifted in the opposite direction, from March 2014 to January. 2014.

Additionally, USCIS has verified that applicants can use the filing dates table to determine whether a filing window will be open for submitting Form I-485 applications for the month of October 2021. This will be an advantage. for EB-2 workers from India, as the final action date of September 1, 2011, will give way to the filing date of July 8, 2012.

Plan ahead for candidates and employers

Based on data reported by the United States Citizenship and Immigration Services (USCIS), the agency has a large backlog of pending Form I-485 applications. In fact, the number of pending EI claims at the end of the third quarter of fiscal year (FY) 2021 (288,677) was higher than the number of EI claims received in these three quarters of the fiscal year. 2021 (246,183). This may have influenced the modest movements seen in the Visa Bulletin for October 2021 and may also portend small movements in the priority date in the future.

The Immigration Act (8 USC § 1152 (a) (2)) states that no more than 7 percent of employment-based immigrant visas issued in a fiscal year can go to nationals of “any country. which foreign state or dependent region ”. China and India have a large backlog of EB immigrant visa applicants, but no other country does. So while it is likely that a large portion of this backlog is made up of applications from Chinese and Indian nationals who have been waiting in green card quota lines for years, a very low proportion of these applications will be processed each year. . Unless there is a change in the law or the application for green cards, applicants from China or India will continue to have a long wait, while other nationals will not have to. suffer the same waiting times due to reduced arrears for other countries. .

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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