A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Thursday, December 31, 2020

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
01/01/2011
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.) 

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