Today, the U.S. Department of State (DOS) released the December 2021 Visa Bulletin. The main significant development is that the cutoff date for EB2 India moves past its EB3 counterpart in December.
This Visa Bulletin of December 2021 summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” demonstrating when immigrant visa candidates should be notified to assemble and submit required documentation to the National Visa Center.
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, or the Dates for Filing chart, as it did last month. In the December Dates for Filing chart, EB-2 India will advance by a half year to 8th July 2013, while EB-2 China will advance two months to 1st April 2019.
December 2021 Visa Bulletin Predictions and Summary
According to the State Department’s Visa Bulletin December 2021, final action cutoff dates for 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
The cutoff date for the EB2 category for India advances to 1st May 2012. EB2 China moves up to 1st January 2019. The EB2 category stays current for any remaining nations of chargeability.
Employment-Based, Third Preference (EB3) Category
The cutoff date for EB3 India remains fixed at 15th January 2012. This implies that EB2 India gets back to having a more favorable cutoff date than EB3 India. This will result in more EB3-to-EB2 “upgrade” filings.
Also, for China, the cutoff date remains at 22nd March 2018. The EB3 category remains current for any remaining nations of chargeability.
EB3 Other Workers
However, except for China, the cutoff dates for EB3 other workers are the same for each nation as its respective EB3 cutoff dates. For China, the cutoff date for EB3 other workers moves forward to 1st March 2012.
Employment-Based, Fourth Preference (EB4) Category
There is no development from last month in the EB4 category. However, unless Congress takes action by midnight 2nd December 2021, the EB4 program for specific religious workers will expire, resulting in the category becoming unavailable, effective 3rd December 2021.
Employment-Based, Fifth Preference (EB5) Category
For non-regional center cases, EB5 China is now listed as current, along with any remaining nations of chargeability. For regional center cases, EB5 is unavailable because the program has expired.
If Congress renews the regional center program, the EB5 China cutoff date for both regional center and non-regional center cases would go back to 22nd November 2015. Also, for any remaining nations, the category would be current.
We will continue to closely monitor and report on movement and predictions related to the December Visa Bulletin 2021.