State Department November 2021 Visa Bulletin Summary

The Department of State has released the November Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in November 2021, it will accept adjustment of status applications for employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward over four months to November 15, 2018  and EB-2 India will move forward three months to December 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will retrogress over nine months to March 22, 2018 and EB-3 India will retrogress almost two years to January 5, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for November 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will move forward one week to  November 22, 2015. 

With respect to Application Filing Dates, all categories will remain unchanged from September except EB-2 and EB-3 for both China and India. EB-2 China will  move forward five months to February 1, 2019.   EB-2 India advances six months January 8, 2013. EB-3 China retrogresses nine months to April 1, 2018, and EB-3 India and “Other Workers” India both retrogress almost two years to January 22, 2012.

UPDATED: Administration to Lift COVID-19 Travel Bans Starting in November for Vaccinated Travelers

Please note that an earlier version of this post has been updated to reflect additional information provided by the White House since several major news outlets began reporting about the rescission of the COVID-19 travel bans this morning.

Today, the Biden Administration announced that, beginning in early November, it will be easing country-specific COVID-19 travel restrictions. More specifically, the White House will rescind the current geographic COVID-19 related travel bans currently restricting travel to the U.S. for individuals present in China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India in the 14 day preceding their entry to the United States. Instead, the Administration will be implementing new measures to deter the spread of COVID-19 based on individuals, rather than restrictions placed on physical presence in a specific country or region.

The new COVID-19 prevention measures will include a requirement that all international travelers prove that they have been fully vaccinated against COVID-19 in addition to the existing CDC requirement that all travelers to the U.S. must provide proof of a negative COVID-19 test within three days of boarding a flight to the United States. The CDC is expected to provide more information as to which vaccines will be accepted.

The Administration will offer limited exceptions such as for children too young to be vaccinated; individuals participating in COVID-19 vaccine clinical trials; and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination in a timely manner. The Administration has also indicated that individuals who are exempted from the vaccine requirement may be required to be vaccinated upon arrival in the United States.

During the formal announcement expected later today, the Administration is expected to make further recommendations to stop the spread of COVID-19, including (1) continuing the mask mandate through January 18, 2022; (2) expanding pre-departure and post-arrival testing requirements; and (3) implementing a contact tracing order for airlines.

D&S will continue to monitor this developing situation and provide updates as more details become available.

State Department October 2021 Visa Bulletin Summary

The Department of State has released the October Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in October 2021, it will accept adjustment of status applications for employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at July 1, 2018 and EB-2 India will remain unchanged at September 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will remain at January  8, 2019, and EB-3 India will remain at January 1, 2014.

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for September 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain at  November 15, 2015, and Vietnam, which will remain current. 

With respect to Application Filing Dates, all categories will remain unchanged from September except EB-3 China, which retrogresses over five months to January 15, 2019.  EB-2 India advances over seven months to July 8, 2012, and EB-3 India and “Other Workers” retrogress over two months to January 8, 2014.

USCIS to Begin Issuing I-751 and I-829 Receipt Notices with 24 Month Validity Period

This week, USCIS announced that starting on September 4, 2021, filing receipts issued for properly filed I-751 petitions and I-829 petitions requesting removal of conditions on residence will now indicate that the petitioner’s status is extended for 24 months, rather than the previous 18 months .

USCIS also indicated that it will be issuing updated receipt notices to petitions filed prior to September 4, 2021, that remain pending so that these individuals can also benefit from the 24 extension of conditional permanent resident status. The agency, however, has not provided a timeline for when individuals can expect to start receiving these.

USCIS has indicated that the extension from 18 to 24 months is to accommodate extended processing times for these petitions, which the agency indicates have increased over the last year.

Department of State September 2021 Visa Bulletin Summary

The Department of State has released the September Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in September 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance three months to July 1, 2018 and EB-2 India will advance three months to September 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will remain at January  8, 2019, and EB-3 India will advance six  months to January 1, 2014.

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for September 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain at  November 15, 2015, and Vietnam, which will remain current. 

With respect to Application Filing Dates, all categories will remain unchanged from July except EB-2 China, which advances two months to September 1, 2018, and EB-3 India and Other Workers India, which both advance one month to March 1, 2014.

USCIS Announces Second FY2022 H-1B Cap Lottery Has Been Run

Today the United States Citizenship and Immigration Service (USCIS) announced that they did not receive a sufficient number of lottery submissions in the March 2021 lottery to meet the annual H-1B quota and, have thus, run a second H-1B lottery of the electronic registrations previously submitted. The filing window for newly selected petitions will be between August 2, 2021 and November 3, 2021.

Unfortunately at present there is a glitch in the myUSCIS website wherein, currently, only employers are able to log in and check on the registration status. The glitch is widespread (impacting all attorney accounts) and the immigration bar is already working with USCIS to get it resolved. In the meantime the company should be able to log into their myUSCIS to gain access to the newly selected cases and can forward those to immigration counsel for further action while USCIS resolves the website glitch.\

UPDATE: USCIS has resolved the attorney access issue and attorneys should not be able to log into their myUSCIS accounts to check on selected registrations.

State Department August 2021 Visa Bulletin

The Department of State has released the August Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in August 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance four months to April 1, 2018 and EB-2 India will remain at June 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will advance one week to January  8, 2019, and EB-3 India will advance over seven months to July 1, 2013.

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for July 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will retrogress two days to November 15, 2015, and Vietnam, which will become current. 

With respect to Application Filing Dates, all categories will remain unchanged from July.

State Department Expands Validity of NIEs to 12 Months and Multiple Entries

Today the Department of State updated their website to indicate that National Interest Exceptions (NIEs) previously granted by U.S. embassies and consulates overseas will no longer be valid for 30 days for a single entry but, rather and unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted.

We have also heard reports from Customs and Border Protection (CBP) that NIEs granted by that agency will not benefit from this same expansion and will continue to be valid for a single entry to the U.S. within 30 days of issuance, but this has yet to be officially confirmed by the agency.

We expect that additional guidance regarding how individuals will demonstrate their continued eligibility to use previously granted NIEs (including how they will document that their travel is for the same purpose that the initial NIE was granted) will be forthcoming and D&S will continue to provide updates as they become available.

State Department July 2021 Visa Bulletin

The Department of State has released the July Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in July 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance seven months to December 1, 2017 and EB-2 India will advance seven months to June 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will advance four months  to January  1, 2019, and EB-3 India will advance over one year to January  1, 2013.

The EB-5 Regional Center program has not yet been reauthorized by Congress.  As a result, this category will not be available for July 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will move forward two months to November 18, 2015, and Vietnam, which will advance two years to April 15, 2020. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward six months to July 1, 2018. EB-3 China will move forward six months to July 1, 2019. EB-2 India will advance four months to December 1, 2011, and EB-3 India will advance one month to February 1, 2014. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from June.

Department of State June 2021 Visa Bulletin Summary

The Department of State has released the June 2021 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in June 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance five months to May 1, 2017 and EB-2 India will advance four months to December 1, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance four and a half to September 1, 2018, and EB-3 India will advance nine months to November1, 2011.

For the EB-5 preference category, final action dates remain current for June for all countries of chargeability except for China, which moves forward one month to a September 15, 2015 final action date, and for Vietnam, which advances two months to an April 15, 2018 final action date. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward five months to January 1, 2018. EB-3 China will move forward four months to January 1, 2019. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from May.

Biden Administration Expands COVID-19 Related Travel Restrictions to Travelers from India

President Biden issued a proclamation expanding the travel restrictions which suspend the of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, Iran, and South Africa, to include travelers from India. The President cited the “magnitude and scope of the COVID-19 pandemic” in the country and surging new cases and the need for “science-based public health measure[s]“ to be implemented.

As with the previous suspensions, U.S. citizens and lawful permanent residents are not subject to the proclamations and certain other exemptions and exceptions still apply.

The expanded rule will become effective at 12:01 a.m. eastern standard time on May 4, 2021.

D&S will continue to monitor the situation and provide updates as they become available.

Department of State May 2021 Visa Bulletin Summary

The Department of State has released the May Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in May 2021, it will continue to accept adjustment of status applications for employment-based petitions based on the May Bulletin’s final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance two and half months to December 1, 2016 and EB-2 India will advance three months to August 1, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance two months to May 15, 2018, and EB-3 India will advance five months to February 1, 2011.

The EB-5 Regional Center program has been reauthorized by Congress until mid-2021.  As a result, final action dates remain current for March for all countries of chargeability except for China, which remains  subject to an August 15, 2015 final action date, and for Vietnam, which advances over two months to a February 15, 2018  final action date. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain unchanged at August 15, 2015, and Vietnam, which will advance over two months to February 15, 2018. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward six  months to July 1, 2017. EB-3 China will move forward one  month to September 1, 2018. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from April. 

Department of State April 2021 Visa Bulletin Summary

The Department of State has released the April Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. As of today, March 16, 2021, USCIS yes to confirm whether in April 2021, it will to accept adjustment of status applications for employment-based petitions based on the April Bulletin’s final action dates or application filing dates.

With respect to Final Action Dates, EB-1 China and EB-1 India will both become current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance two months to September 15, 2016 and EB-2 India will advance over three months to May 1, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance five weeks to March 15, 2018, and EB-3 India will advance two months to September 1, 2010. 

The EB-5 Regional Center program has been reauthorized by Congress until mid-2021.  As a result, final action dates remain current for March for all countries of chargeability except for China, which remains  subject to an August 15, 2015 final action date, and for Vietnam, which advances two months to a December 22, 2017 final action date. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain unchanged at August 15, 2015, and Vietnam, which will advance two months to December 22, 2017. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward three months to January 1, 2017. EB-3 China will move forward two months to August 1, 2018. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from March.