October Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether or not a backlog exists for each one.  In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

For October 2021, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that it will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized.

In October, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in October.

The EB-2 preference category remains “current” for all countries other than China and India which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.

The EB-3 preference category is also “current” for all countries other than China and India which means that individuals in these categories may also immediately file Form I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts. 

The Department of State’s Visa Bulletin for October 2021 includes information on potential movement in visa availability through January 2022:

Employment First (EB-1):

Worldwide: Current
China: Current
India: Current

Employment Second (EB-2):

Worldwide: Current
China: Up to several months
India: Up to several months

Employment Third (EB-3):

Worldwide: A final action date could be imposed as early as November
China: A retrogression of this date could occur as early as November
India: A retrogression of this date could occur as early as November
Mexico: A final action date could be imposed as early as November
Philippines: A final action date could be imposed as early as November

Employment Fourth (EB-4): Current for most countries

El Salvador, Guatemala, and Honduras: Limited, if any, movement expected
Mexico: Limited, if any, movement expected

Employment Fifth (EB-5): Current for most countries

China: No forward movement

The bulletin also includes a reminder absent any legislative action, two employment categories will expire on September 30, 2021. These two visa categories are the non-minister special immigrant and I5 and the R5 regional center.

For more information, please visit: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-october-2021.html

If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).