Visa Bulletin (Priority Dates)

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2021 this reduction will be limited to approximately 150.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

6.  The Department of State has a recorded message with the Final Action date information which can be heard at:  (202) 485-7699.  This recording is updated on or about the seventeenth of each month with information on final action dates for the following month.

B.  DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF OCTOBER

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  This will result in reduction of the DV-2021 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For October, immigrant numbers in the DV category are available to qualified DV-2021 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2021 program ends as of September 30, 2021. DV visas may not be issued to DV-2021 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2021 principals are only entitled to derivative DV status until September 30, 2021. DV visa availability through the very end of FY-2021 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.  THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN NOVEMBER

For November, immigrant numbers in the DV category are available to qualified DV-2021 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

D.  FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

E.  MOVEMENT OF THE OCTOBER FINAL ACTION AND APPLICATION FILING DATES

Family-sponsored:  Final Action Dates movement during the past six months focused on two goals: 1) to allow number use to be maximized should it become possible to return to normal visa processing levels at some point prior to the end of the fiscal year, and 2) to encourage applicants to continue acting on their cases in a timely manner to support long-term recovery from the suspension of routine services.  This movement ensured sufficient demand would be available for adjudication throughout FY 2021 under a resumption of full operational status.

VO learned during October 2020 date determination, that movement of final action dates in the previous six months combined with the global suspension of routine visa services resulted in enough accumulated demand to fully utilize the numbers normally made available during the first quarter of the fiscal year.  Therefore, no date movement is required at this time.  VO will closely monitor the situation in the early months of the fiscal year.

Employment-based:  All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high.  The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits.  Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500.

F.  VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1:  Up to three weeks
F2A: Current
F2B: Up to three weeks
F3:  Up to two weeks
F4:  Up to one week

EMPLOYMENT-based categories (potential monthly movement)

Employment First:

WORLDWIDE:   Current
China:               Rapid forward movement
India:                Rapid forward movement

Employment Second:

Worldwide:  Current
China:          Rapid forward movement
India:           Rapid forward movement

Employment Third:

Worldwide:   Current
China:           Rapid forward movement
India:            Rapid forward movement
Mexico:        Current
Philippines:  Likely to remain at the Worldwide date

Employment Third – Other Workers:

Worldwide:    Current
China:            Steady forward movement

Employment Fourth:  Current for most countries

El Salvador, Guatemala, and Honduras:  Steady forward movement
Mexico:  Steady forward movement

Employment Fifth:  The category will remain “Current” for most countries

China:       No forward movement
Vietnam:   Limited forward movement

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January.   The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.

G.  SCHEDULED EXPIRATION OF TWO EMPLOYMENT CATEGORIES

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to Section 102 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94), the non-minister special immigrant program expires on September 30, 2020.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2020.  Visas issued prior to this date will only be issued with a validity date of September 29, 2020, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight September 29, 2020.

The final action date for this category has been listed as “Unavailable” for October.

If there is legislative action extending this category for FY-2021, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action date and Mexico which would be subject to a September 1, 2018 final action date.

Employment Fifth Preference Categories (I5 and R5):

Section 104 of Division I, Title I of the Consolidated Appropriations Act, 2020 (Public Law 116-94) extended this immigrant investor pilot program until September 30, 2020.  The I5 and R5 visas may be issued until close of business on September 30, 2020, and may be issued for the full validity period.  No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after September 30, 2020.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for October.

If there is legislative action extending them for FY-2021, the final action dates would immediately become “Current” for October for all countries except China-mainland born I5 and R5 which would be subject to an August 15, 2015 final action date and Vietnam I5 and R5 which would be subject to an August 1, 2017 final action date.