The Department of State (DOS) has issued its May 2021 Visa Bulletin.  Both employment-based and family-based priority dates are detailed below.

The DOS also has launched “Chats with Charlie,” on its DOS YouTube Channel.  Charlie Oppenheim heads the unit that determines the number of visas available each month and provides valuable insights into what's ahead for the coming months. The next chat is on Thursday, April 22, at 1:00 pm (ET). Questions can be emailed to VisaBulletin@state.gov, subject line "Chat with Charlie Question," ahead of the event.

Employment-based Movement

The EB-1 category remains open (“current” or “C” in DOS talk) worldwide, including for Indian and Chinese nationals.  The EB-2 and EB-3 categories also remain open for most nationals except for nationals of China and India.  EB-2 and EB-3 for Indian and Chinese nationals continue to have meaningful forward movement.

The priority date for EB-2 advances by three months for both Chinese nationals and Indian nationals.

The priority date for EB-3 advances by two months for Chinese nationals and by five months for Indian nationals. 

Here’s a chart for ease of reference:

Family-based Movement

Overall, most family-based categories will have slight forward movement.

For the F-1 category, the priority date moves forward by two weeks for most nationals.  The priority date for Mexican nationals advances by thirty-eight days and the priority date for nationals of the Philippines advances by ten days.

For the F2-A category, immigrant visas continue to be available for all nationals.

For the F2-B category, the priority date advances by one week for most nationals.  The priority date for Mexican nationals advances by twenty-four days and advances by two weeks for nationals of the Philippines.  

For the F-3 category, there will be a two week advancement for most nationals.  The priority date for Mexican nationals advances by two weeks and one month for nationals of the Philippines.

Finally, for the F-4 category, there will be a one week advancement for most nationals.  The priority date moves forward one week for nationals of India and seventeen days for nationals of Mexico.  There is a twenty-three day advancement for nationals of the Philippines.  

By way of reminder, the categories are:

• F-1 category:  unmarried sons and daughters of U.S. citizens

• F2-A category: spouses and children under 21 of lawful permanent residents

• F2-B category: unmarried adult children (over 21) of lawful permanent residents

• F-3 category:  married sons and daughters of U.S. citizens

• F-4 category:  siblings of U.S. citizens

WHAT DATES IN THE VISA BULLETIN SHOULD YOU USE FOR FILING YOUR ADJUSTMENT OF STATUS APPLICATION WITH USCIS?

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, then USCIS will state here that you may use the Dates for Filing Visa Applications chart in the Department of State Visa Bulletin, which usually has dates earlier than the Final Action Dates noted above. Otherwise, USCIS will indicate on its website that you must use the Application Final Action Dates chart (above) to determine when you may file your adjustment of status application in the United States.

For May 2021, USCIS has confirmed the Final Action dates (above) chart should be used for all employment-based categories.

For family-based categories, USCIS has announced that F2A applicants may file using the Final Action Dates chart (above). Applicants in all other family-sponsored preference categories must use the Dates for Filing chart provided below. 

If the priority date for your employment or family-based category is before the date listed above and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in May. 

The entire visa bulletin is available on the State Department’s website, which includes the diversity visa lottery. 

If you would like more information on how to understand the monthly visa bulletin, please check out our blog post on this topic.

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.