March Visa Bulletin: China and India Advance Across EB-1, 2, & 3 Categories

Feb 25, 2021 | Permanent Immigration Visas

Following the release of the latest visa bulletin by the U.S. Department of State, March has shaped up as a favorable month for filing an adjustment of status. All countries are current across EB-1, EB-2, and EB-3 categories except for China and India who advance moderately, opening the door wide for AOS filings.

Employment-Based Adjustments

USCIS will accept employment-based adjustment applications in March from foreign nationals with a priority date that is earlier than the Final Action Dates (Chart A) listed in the State Department’s March Visa Bulletin.

Family-Based Adjustments

USCIS has announced that F2A applicants may file adjustments using the Final Action Dates chart. Please note, however, that the F2A category is now backlogged on the Dates for Filing chart.  Applicants in all other family-sponsored preference categories must use the Dates for Filing chart.

Employment Based Final Action Dates (Chart A)

Preference Category All Other China El Salvador
Guatemala
Honduras
India Mexico Philippines Vietnam
1st C 01AUG20 C 01AUG20 C C C
2nd C 15JUL16 C 15JAN10 C C C
3rd C 08FEB18 C 01JUL10 C C C
Other Workers C 01MAY09 C 01JUL10 C C C
4th C C 01JUN18 C 01JAN19 C C
Certain Religious Workers C C 01JUN18 C 01JAN19 C C
5th Non-Regional Center
(C5 and T5)
C 15AUG15 C C C C 22OCT17
5th Regional Center
(I5 and R5)
C 15AUG15 C C C C 22OCT17

 

Insights on Final Action Dates (Chart A)

  • EB-1 China and EB-1 India final action dates jump forward by seven months to August 1, 2020.
  • EB-2 China advances one month to July 15, 2016 and EB-3 India advances three months to January 15, 2010.
  • EB-3 China advances five weeks to February 8, 2018, and EB-3 India advances three months to July 1, 2010.

Related Posts:

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

President Trump Extends Presidential Proclamation 10052 Impacting Immigrant and Non-immigrants

Overview On June 22, 2020, Presidential Proclamation 10052 entitled “Suspension of entry of Immigrants and Nonimmigrants Who Present a Risk to the United States labor Market During Economic Recovery Following the 2019 Coronavirus Outbreak” was issued to suspend new nonimmigrant visas, purportedly in response to the COVID-19 pandemic. The impacted visa categories are: (1) intra-company transfers to non-citizens already employed by American businesses (L-1A and L-1B); (2) highly-skilled workers coming to America temporarily to perform services in a specialty occupation for which they are uniquely qualified (H-1B); (3) seasonal laborers responding to proven domestic labor shortages (H-2B); and (4) certain cultural exchange (interns, trainees, teachers, camp counselors, au pairs, and summer work travel programs participants) (J). On December 31, 2020, PP 10052 has been extended to March 31, 2021. For more information about this Presidential Proclamation, please read our FAQ. Who is impacted? Foreign nationals outside of the United States who have expired H-1B/H-4, L-1/L-2, or J-1/J-2 (only impacted programs) visa stamps, are barred and will need to wait until AFTER the validity of this travel ban proclamation to return to the U.S. Foreign nationals inside the United States with expired H-1B/H-4, L-1/L-2, or J-1/J-2 (only impacted programs) visa stamps, should NOT travel internationally for […]