January 2021 Visa Bulletin: EB-1 Advances

In the first Visa Bulletin of 2021, EB-1 categories advance several months.  However, USCIS has decided to use the Final Action Date Chart for filing of the I-485 applications in January.  For the past few months, USCIS has allowed the use of the Filing Date Chart for applicants to file the I-485 application, resulting in many "downgraded" cases being filed.  

There are slight advancements in the family categories in January.  

AD: Dates for Final Action (Green Card Approval)           FD: Dates for Filing Applications Only

Family		Other Countries	China	India	Mexico	Philippines
F1	AD	09/15/2014	09/15/2014	09/15/2014	01/15/1998	01/01/2012
	FD	07/22/2015	07/22/2015	07/22/2015	02/22/2000	10/08/2012
F2A	AD	C	C	C	C	C
	FD	08/01/2020	08/01/2020	08/01/2020	08/01/2020	08/01/2020
F2B	AD	07/08/2015	07/08/2015	07/08/2015	05/01/1999	08/15/2011
	FD	05/01/2016	05/01/2016	05/01/2016	12/01/1999	04/01/2012
F3	AD	07/08/2008	07/08/2008	07/08/2008	08/22/1996	03/01/2002
	FD	06/01/2009	06/01/2009	06/01/2009	08/15/2000	12/22/2002
F4	AD	10/08/2006	10/08/2006	03/15/2005	07/01/1998	02/01/2002
	FD	09/15/2007	09/15/2007	11/22/2005	04/22/1999	09/01/2002

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment		Other Countries	China	El Salvador Guatemala Honduras	India	Mexico	Philippines	Vietnam
EB1	AD	C	09/01/2019	C	09/01/2019	C	C	C
	FD	C	11/01/2020	C	11/01/2020	C	C	C
EB2	AD	C	06/01/2016	C	10/08/2009	C	C	C
	FD	C	10/01/2016	C	05/15/2011	C	C	C
EB3	AD	C	12/15/2017	C	03/22/2010	C	C	C
	FD	C	06/01/2018	C	01/01/2014	C	C	C
Other Workers	AD	C	03/01/2009	C	03/22/2010	C	C	C
	FD	C	05/01/2009	C	01/01/2014	C	C	C
EB4	AD	C	C	03/01/2018	C	12/01/2018	C	C
	FD	C	C	05/01/2018	C	C	C	C
EB5	AD	C	08/15/2015	C	C	C	C	09/15/2017
	FD	C	12/15/2015	C	C	C	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

4th: "Special Immigrants" (Religious & others)    

5th: Employment Creation (Investors) 

What happens if the Final Action Date is "current" or later than the Filing Date? 
If this happens in a particular immigrant visa category, applicants in that visa category may file using the Final Action Dates chart during that month.

For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart for January 2021.

For all the other family-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2021.

For Employment-Based Preference Filings:
For all other employment-based preference categories, you must use the Final Action Date chart in the Department of State Visa Bulletin for January 2021.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)