Business Immigration Insights

The State Department has published the December Visa Bulletin.  While all categories stalled in November, December will see all priority dates progressing modestly, from 1 week to 2 months.  Moreover, USCIS will continue accepting the Dates for Filing chart in December, allowing from 5 to 15.5 months of additional filing time, depending on nationality and category, with India the clear front-runner here.

Below is a summary that includes Final Action Dates and changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re familiar with the Visa Bulletin, feel free to skip the following bullet points:

• The Visa Bulletin is released monthly by the U.S. Department of State in collaboration with U.S. Citizenship and Immigration Services (USCIS), which then releases two charts – “Dates for Filing” and “Final Action Dates” – and designates which chart will apply that month.
• If USCIS designates Dates for Filing and your priority date (that is, the date you were placed on the waiting list) is earlier than the cutoff date for your nationality and category in that chart, you may submit your I‑485 adjustment of status application (if you’re eligible to apply with USCIS from inside the United States). However, USCIS cannot approve the application and issue your green card until your priority date is current in Final Action Dates.
• If you are applying from outside the United States, you cannot file your DS‑260 immigrant visa application until the National Visa Center notifies you to do so, and your home embassy cannot issue you an immigrant visa until your priority date is current in Final Action Dates.

Now for the December Visa Bulletin:

China gains in all categories:

• EB-1 advances 1 month to January 22, 2023
• EB-2 advances 2 months to June 1, 2021
• EB-3 Professionals advances 1 month to April 1, 2021
• EB-3 Other Workers advances 1 week to December 8, 2017

India also progresses in all categories:

• EB-1 advances 1 month to March 15, 2022
• EB-2 advances5 months to May 15, 2013
• EB-3 Professionals and EB-3 Other Workers advance 1 month to September 22, 2013

All Other Countries moves ahead in three categories:

• EB-1 remains current
• EB-2 advances 2 months to February 1, 2024
• EB-3 Professionals advances 2 weeks to April 15, 2023
• EB-3 Other Workers advances 17 days to August 1, 2021

 NOTE 1:     USCIS will accept I-485 applications in December based on the Department of State’s more favorable Dates for Filing chart, which allows from 5 to 15.5 months of additional filing time depending on nationality and category:

• Chinese nationals gain almost 5 months to file in EB‑1; 8 months in EB-2; and 10 months in EB‑3 Professionals/Other Workers.
• Indian nationals gain 14 months to file in EB-1; 8 months in EB-2; and almost 1 year in EB-3 Professionals/Other Workers.
• Nationals of all other countries may file their I-485s in advance of their priority dates being current by 7.5 months in EB-2; 15.5 months in EB-3 Professionals; and 4.5 months in EB-3 Other Workers.