The Department of State released the first Visa Bulletin for the new fiscal year. USCIS confirmed it will use the Dates for Filing chart for the month of October. This allows applicants with later priority dates to file their Adjustment of Status applications, along with applications for Advance Parole and an Employment Authorization Document (EAD).

Employment-Based Highlights

• Dates for Filing – EB-2 progressed by approximately 6 months
• Dates for Filing – EB-3 retrogressed by almost 2 months

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Visa Availability in the Coming Months (Predictions Through January 2022)

• No movement expected in F1, F2B, F3, and F4 family-based categories. F2A will likely remain current.
• EB-1 will remain current worldwide and for India and China
• EB-2 will be current worldwide, with “up to several months” of movement expected for China and India
• EB-3 – Final Action Date could be imposed worldwide as early as November
  • China: retrogression could occur as early as November
  • India: retrogression could occur as early as November
  • Mexico: Final Action Date could be imposed as early as November
  • Philippines: Final Action Date could be imposed as early as November
• EB-4 will remain current for most countries, limited (if any) movement expected for Mexico, El Salvador, Guatemala, and Honduras
• EB-5 will remain current for most countries, no forward movement for China

The Department of State’s Chief of the Visa Control division, Charles Oppenheim will host “Chats with Charlie” on the @TravelGov YouTube channel at 1 PM EST, September 15, 2021.

Next Steps

If you are current using the Dates for Filing chart, contact us immediately to get your case started. Considering an EB-2 to EB-3 “downgrade” to take advantage of the movement? Join our weekly webinars and get your questions answered!

REQUIRED DOCUMENTATION

International Travel: Please advise our office if you have planned or anticipate any international travel in the next twelve months.

If you have ever been arrested in the U.S. or another country, please disclose to our office immediately so that our office can best represent you.  

• Copy of Foreign Passport (and expired passport if it includes immigration history)
• Most recent I-94
• Copy of all prior immigration documentation (I-797s, I-20s, DS-2019s, I-601 waiver, etc.)
• Copy of Employment Authorization Document (EAD) work cards
• Copy of Birth Certificate
• Copy of Marriage Certificate
• For prior marriages, copy of marriage certificate and evidence of legal termination (divorce decree or death certificate)
• Police Certificates – ONLY REQUIRED FOR CONSULAR PROCESSING (Must be obtained for any arrests in the U.S. or in another country.)
• Documentation of any criminal arrests, convictions, etc. (REQUIRED IF APPLYING FROM U.S.)
• Certificates of citizenship to other countries other than country of birth
• Copy of any U.S. federal tax returns for three most recent years
• Copy of any W-2 statements for three most recent years (or covering all years of employment for an employer-sponsored green card)
• Copy of paystubs for six most recent months
• Six (6) U.S. passport-style photos
• Civil Surgeon Medical Exam – Form I-693 (sealed in an envelope with full name printed on the outside; must be submitted to USCIS within 60 days of physician’s signature) 
  • Reminder: USCIS to Require COVID-19 Vaccines for Applicants
• I-485 Supplement J for employment-based cases (signed by original petitioning employer demonstrating continued offer of employment)
• USCIS Filing Fees and Legal Fees

Any document not in English must be accompanied by a certified English translation.