United States – April 2021 Visa Bulletin Published
US – April 2021 Visa Bulletin Published
On March 22, 2021, the U.S. Department of State released the April 2021 Visa Bulletin and the U.S. Citizenship and Immigration Services said it will accept employment-based Form I-485 according to the “Final Action Dates” chart in the Visa Bulletin.
On March 22, 2021, U.S. Citizenship and Immigration Services (USCIS) confirmed that it will accept employment-based Forms I-485, Applications to Register Permanent Residence or Adjust Status, next month according to the “Final Action Dates” chart in the Visa Bulletin.1 The U.S. Department of State released the April 2021 Visa Bulletin on March 12, 2021.2
WHY THIS MATTERS
Each month, the U.S. Department of State releases a Visa Bulletin indicating the availability of statutorily limited visas for prospective immigrants.3 The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 in a given month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether pending I-485 applications may be approved.
Employment-Based Preference Categories
The cut-off dates under the Final Action Dates chart for employment-based immigrant visas under the April 2021 Visa Bulletin will be as follows:
EB-1: All countries of chargeability will be current.
EB-2: All countries of chargeability except India and the People’s Republic of China (“PRC” or “China”) will remain current. China’s cut-off date will advance to September 1, 2016. India’s cut-off date will move ahead to May 1, 2010.
EB-3 Professionals & Skilled Workers: All countries of chargeability except India and China will remain current. China will advance to March 15, 2018, and India will move forward to September 1, 2010.
EB-3 Other Workers: All countries of chargeability except for India and China will remain current. China’s cut-off date for next month is June 1, 2009, while the cut-off date for India is September 1, 2010.
EB-4: El Salvador, Guatemala, and Honduras will advance to August 1, 2018. Mexico will advance to February 1, 2019. All other countries of chargeability will remain current.
EB-5: All countries of chargeability, except China and Vietnam, will remain current. China’s cut-off date will remain at August 15, 2015, while Vietnam’s will advance to December 15, 2017.
FOOTNOTES
1 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
2 U.S. Department of State website.
3 For our prior coverage of the March 2021 Visa Bulletin, read GMS Flash Alert 2021-069 (March 1, 2021).
* Please note that KPMG LLP (U.S.) does not provide any immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration and labor matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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