The U.S. Department of State (DOS) released the August 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A) except if in any case determined. The U.S. Citizenship and Immigration Services (USCIS) has not yet demonstrated whether stakeholders will be able to utilize the dates for the filings graph (i.e., Chart B) in August for purposes of applying for adjustment of status.
In the coming days, USCIS is expected to announce on its own Visa Bulletin page the cutoff dates for acceptance of adjustment of status applications next month. That declaration will explain whether USCIS will accept adjustment applications based on the Final Action dates chart, as it did last month, or on the Dates for Filing chart. In the August Visa Bulletin 2021, the Dates for Filing chart remains the same as last month.
Expired EB-5 Regional Center program
The EB-5 Regional Center program expired on 30th June 2021 and listed as “unavailable” in the August 2021 Visa Bulletin. Immigrant visa issuance and adjustment of status adjudications under this category ceased after the close of business on June 30. USCIS has given guidance on its treatment of regional center-affiliated filings while legislation to reauthorize the Regional Center program is being negotiated in Congress. Advocacy efforts to support these bills are ongoing.
August 2021 Visa Bulletin Summary
According to the State Department’s Visa Bulletin for August 2021, final action cutoff dates for the issuance of an immigrant visa will be as follows:
Employment-Based, First Preference (EB1) Category
The EB1 category remains current for all countries of chargeability.
Employment-Based, Second Preference (EB2) Category
Surprisingly, the cutoff date for the EB2 category for India remains unchanged, with a 1st June 2011, cutoff date. EB2 China advances to 1st April 2018. The EB2 category stays current for any remaining nations of chargeability.
Employment-Based, Third Preference (EB3) Category
EB3 India advances by a half year, to a cutoff date of 1st July 2013. EB3 China’s cutoff date inches ahead to 8th January 2019. The EB3 category stays current for any remaining nations of chargeability.
EB3 Other Workers
Except for China, the cutoff dates for EB3 other workers are the same for each country as its respective EB3 cutoff dates. For China, the cutoff date for EB3 different workers moves to 1st January 2010.
Employment-Based, Fourth Preference (EB4) Category
The cutoff date for EB4 Mexico sees no forward movement in August. The EB4 cutoff date for El Salvador, Guatemala, and Honduras moves forward to 1st January 2019. This category stays current for any remaining nations of chargeability.
Employment-Based, Fifth Preference (EB5) Category
For non-regional center cases, EB5 China advances to 15th November 2015. While EB5 Vietnam is now current, along with any remaining nations of chargeability. For regional center cases, EB5 is listed as unavailable because the program has expired. If Congress renews the regional center program before the end of August 2021. The cutoff dates for regional center cases will match those of non-regional center cases.