Business Immigration Insights

The State Department has published the January Visa Bulletin.  In most cases, advances in priority dates are even greater than they were in December, ranging from 1 week for All Other Countries EB-3 Professionals to 1 full year for China EB-3 Other Workers.  Moreover, USCIS will continue using the Dates for Filing chart in January, allowing from 2 to 10 months of additional filing time, depending on nationality and category, with India the clear front-runner here.

Below is a summary, which is based on Final Action Dates and shows 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 January Visa Bulletin:

China gains in all categories:

• EB-1 advances 10 days to February 1, 2023
• EB-2 advances 3 months to September 1, 2021
• EB-3 Professionals advances 1 month to May 1, 2021
• EB-3 Other Workers advances 1 year to December 8, 2018

India also progresses in all categories:

• EB-1 advances5 months to February 1, 2023
• EB-2 advances 2 months to July 15, 2013
• EB-3 Professionals and EB-3 Other Workers advance almost 2 months to November 15, 2013

All Other Countries moves ahead in 3 categories:

• EB-1 remains current
• EB-2 advances 2 months to April 1, 2024
• EB-3 Professionals advances 1 week to April 22, 2023
• EB-3 Other Workers advances 1 month to September 1, 2021 

NOTE 1:  USCIS will accept I-485 applications in January based on the more favorable Dates for Filing chart, which allows from 2 to 10 months of additional filing time depending on nationality and category:

• Chinese nationals gain 6 months to file in EB‑1; 4 months in EB-2; 8 months in EB‑3 Professionals; and almost 10 months in EB‑3 Other Workers.
• Indian nationals gain 8 months to file in EB-1; 4.5 months in EB-2; and 9 months 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 6.5 months in EB-2; a little over 2 months in EB-3 Professionals; and 3 months in EB-3 Other Workers.