January Visa Bulletin Report

Dec 31, 2020 | Permanent Immigration Visas

Employment-Based Adjustments

USCIS will accept employment-based adjustment applications in December from foreign nationals with a priority date that is earlier than the Final Action Dates (Chart A) listed in the State Department’s January Visa Bulletin.  Therefore those seeking to file under the Dates for Filing (Chart B), have only until December 31, 2020 to have their case receipted. USCIS lockbox operations are still backlogged and USCIS has not yet data entered some cases from October 2020 filings yet. We continue to monitor these filings but if you receive return packages or instructions from us, please act promptly as there is very little time left to refile this year.

Family-Based Adjustments

USCIS has announced that F2A applicants may file adjustments using the Final Action Dates chart. Applicants in all other family-sponsored preference categories must use the Dates for Filing chart.

Employment Based Final Action Dates (Chart A)

Preference All Other China El Salvador
Guatemala
Honduras
India Mexico Philippines Vietnam
1st C 01SEP19 C 01SEP19 C C C
2nd C 01JUN16 C 08OCT09 C C C
3rd C 15DEC17 C 22MAR10 C C C
Other Wrks C 01MAR09 C 22MAR10 C C C
4th C C 01MAR18 C 01DEC18 C C
5th Non-Regional Center C 15AUG15 C C C C 15SEP17

 

Insights on Final Action Dates (Chart A)

  • EB-1 China and EB-1 India will advance by five months to September 1, 2019.
  • EB-2 China and EB-2 India will advance modestly by one month and one week respectively.
  • EB-3 China and EB-3 India will advance modestly by six weeks and one week respectively.

EB-5 Regional Center Note: The Visa Bulletin lists visas unavailable for EB-5 Regional Center cases, as the Regional Center program needs to be reauthorized and extended again.   When the Consolidated Appropriations Act of 2021 is signed into law, the Regional Center program will be extended to June 30, 2021.  If there is legislative action extending this category for January, the final action date would immediately become “Current” for January for all countries except China-mainland born, which would be subject to an August 15, 2015 final action date, and for Vietnam, which would be subject to a September 15, 2017 final action date.

To file your Adjustment of Status, contact your WR attorney today.

Related Posts:

March Visa Bulletin Shows Big Leap Forward for Chinese and Indian EB-1s

The Department of State’s Visa Bulletin for March 2021 shows a seven-month leap forward for Chinese and Indian green card applicants in the employment-based first preference category, with a final action date of August 1, 2020, for both countries. In February, immigrant visas were available for those with priority dates earlier than January 1, 2020. The March bulletin also includes information on diversity category cut-offs for April and instructions on reporting address changes for overseas cases. Details: Visa Bulletin for March 2021, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-march-2021.html

Office of Foreign Labor Certification To Reissue Certain Prevailing Wage Determinations

On January 20, 2021, a U.S. district court issued a modified order governing the manner and schedule in which the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) will reissue certain prevailing wage determinations (PWDs) that were issued from October 8, 2020, through December 4, 2020, under the wage methodology for a related DOL interim rule issued in October, and at the request of employers under the H-1B, H-1B1, and E-3 temporary programs and PERM labor certification program. OFLC said DOL is taking necessary steps to comply with the modified order issued by the district court. Accordingly, OFLC will reissue certain PWDs issued under the interim final rule in two phases: high priority (within 15 days of receiving the requested list of named plaintiffs from plaintiffs’ counsel) and emergency situations (by March 2, 2021). Employers that have already submitted a request in response to a December 3, 2020, announcement posted by OFLC have been issued a PWD and do not need to resubmit a second request for reissuance or take other additional action, OFLC said. Details: OFLC announcement, Jan. 22, 2021, https://www.dol.gov/agencies/eta/foreign-labor