November 2021 Visa Bulletin Commentary

The November 2021 Visa Bulletin was launched late final week. The one main level of emphasis on this month’s visa bulletin is that EB3 India and EB3 China have seen vital retrogression, probably a results of the big amount to EB2 to EB3 “downgrade” filings over the previous yr or so. Correspondingly, the EB2 classes for each of these nations have seen some pretty vital ahead motion, and their precedence dates are actually a lot nearer or forward of the EB3. The remaining classes, each household and employment-based, noticed little to no change. As soon as once more, USCIS has indicated that the Dates for Submitting chart is for use by all candidates submitting for his or her greencards in each the employment-based and family-based classes, aside from F2A which is to make use of the Closing Motion Dates chart.

 

Commentary:

 

 

November 2021

 

For all nations besides India, China, Philippines, and Mexico: F2A class precedence date stays present, F2B desire stays at a PD of twenty-two September 2015, F4 class stays at 22 March 2007; EB1 stays present; EB2 stays present; and EB3 stays present.

 

For India solely: F2A class stays present, F2B desire stays at 22 September 2015, F4 stays at a PD of 15 September 2005; EB1 stays present; EB2 advances 91 days to 1 December 2011; EB3 retrogresses 717 days (1 yr, 11 months, 17 days) to a PD of 15 January 2012; EB5 Non-Regional Middle stays present and the Regional Middle stays unavailable.

 

For China solely: EB1 stays present; EB2 advances 137 days to a PD of 15 November 2018; EB3 retrogresses 292 days to a PD of twenty-two March 2018; EB5 Non-Regional Middle stays at a PD of twenty-two November 2015 and the Regional Middle stays unavailable.

 

For Vietnam solely: EB5 Non-Regional Middle stays present and the Regional Middle stays unavailable.

 

Can file your immigrant purposes if PD earlier than:

 

F2A Present; F2B 22 September 2016 for All Areas, besides 1 October 2000 for Mexico and 1 October 2013 for Philippines; F4 1 October 2007 for All Areas, besides 1 January 2006 for India, 1 June 1999 for Mexico, and 1 February 2004 for Philippines.

 

EB1 Present for all nations, together with China and India; EB2 All nations besides India and China are present; EB3 Present for all nations besides India and China; EB2 India 8 January 2013; EB3 India 22 January 2012; EB2 China 1 February 2019; EB3 China 1 April 2018; EB5 China (RC and Non-RC) 15 December 2015; Vietnam shouldn’t be individually listed and may use the all nations class.

 

 

Notes copied from the Division of State relating to Visa availability:

 

 

D.  EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES

Division O, Title 1, Part 104 of the Consolidated Appropriations Act, 2021 prolonged the immigrant investor pilot program till June 30, 2021.  No I5 or R5 visas could also be issued abroad, or ultimate motion taken on adjustment of standing instances after June 30, 2021.

The ultimate motion dates for the I5 and R5 classes have been listed as “Unavailable” for November.

If there’s legislative motion extending this class for November, the ultimate motion dates would instantly grow to be “Present” for November for all nations besides China-mainland born I5 and R5, which might be topic to a November 22, 2015 ultimate motion date.

E.  CHINA-MAINLAND BORN AND INDIA EMPLOYMENT THIRD PREFERENCE FINAL ACTION DATES RETROGRESS FOR NOVMBER

It has been essential to retrogress each the China-mainland born and India Employment Third desire ultimate motion dates.  It is a direct results of terribly heavy applicant demand for numbers, primarily by Citizenship and Immigration Companies places of work for adjustment of standing instances.

F.  EXPLANATION OF THE NUMERICAL CONTROL SYSTEM, ANNUAL AND PER-COUNTRY LIMITS

WHAT CAUSES THE ESTABLISHMENT OF FINAL ACTION DATES?

The Visa Workplace (VO) subdivides the annual desire and international state limitations specified within the Immigration and Nationality Act (INA) into twelve month-to-month allotments. The totals of documentarily full candidates which have been reported to VO are in contrast every month with the numbers out there for the subsequent common allotment and numbers are allotted to reported candidates so as of their precedence dates (the oldest dates first).

– If there are sufficient visa numbers out there in a specific class to fulfill all reported documentarily full demand, the class is taken into account “Present.”  For instance, if the Employment First desire month-to-month goal is 5,000 and there are solely 3,000 candidates, the class is taken into account “Present.”

–  Every time the overall variety of documentarily full candidates in a class exceeds the provision of numbers out there for allotment for the upcoming month, the class is taken into account “oversubscribed”, and a visa availability ultimate motion date is established. The ultimate motion date is the precedence date of the primary documentarily full applicant who couldn’t be accommodated for the usage of a visa quantity. For instance, if the Employment First desire month-to-month goal is 5,000 and there are 8,000 candidates, a ultimate motion date could be established in order that solely 5,000 numbers could be used, and the ultimate motion date could be the precedence date of the 5,001st applicant.

Candidates entitled to immigrant standing grow to be documentarily full at their very own initiative and comfort and upon the completion of varied processing necessities.  Due to this fact, this can be very essential to do not forget that in no way has each applicant with a precedence date sooner than a prevailing ultimate motion date been processed for ultimate visa motion.  Quite the opposite, visa allotments are made solely primarily based on the overall candidates reported documentarily full every month and in consideration of different variables.  Demand for visa numbers can fluctuate from one month to a different with an inevitable impression on ultimate motion dates, an essential truth to recollect as processing continues to return to regular pre-COVID ranges.

Annual Household-sponsored and Employment-based restrict:  Part 201 of the INA units an annual minimal Household-sponsored desire restrict of 226,000, whereas the worldwide annual stage for Employment-based desire immigrants is no less than 140,000. Unused numbers from the earlier yr’s annual limits are thought of within the calculation of those annual limits.

Per-country restrict: The annual per-country limitation of seven% is a cap, which visa issuances to any single nation could not exceed.  Candidates compete for visas totally on a worldwide foundation.  The per-country limitation serves to keep away from monopolization of just about all of the annual limitation by candidates from just a few nations. This limitation shouldn’t be a quota to which any explicit nation is entitled, nonetheless.

Applicability of Part 202(a)(5):  INA Part 202(a)(5), added by the American Competitiveness Act within the twenty first Century, eliminated the per-country restrict on Employment-based immigrants in any calendar quarter through which applicant demand for numbers in a number of Employment-based preferences is lower than the overall of such numbers out there.  In recent times, the applying of Part 202(a)(5) has allowed nations reminiscent of China – mainland born and India to make the most of giant quantities of Employment-based desire numbers, which in any other case would have gone unused.  Such numbers are offered strictly in precedence date order with out regard to the international state chargeability, and the identical ultimate motion date applies to any nation benefiting from this provision.

Applicability of Part 202(e):  When visa demand by documentarily full candidates from a specific nation exceeds the quantity of numbers out there underneath the annual numerical limitation, that nation is taken into account to be oversubscribed.  Oversubscription could require the institution of an earlier ultimate motion date than that which applies to a specific visa class on a worldwide foundation. The prorating of numbers for an oversubscribed nation follows the identical percentages specified for the division of the worldwide annual limitation among the many preferences. (Notice that visa availability ultimate motion dates for oversubscribed areas will not be later than worldwide ultimate motion dates, if any, for the respective preferences.)

G.  @TRAVELGOV HOSTING MONTHLY YOUTUBE LIVE “CHATS WITH CHARLIE”

@TravelGov can be internet hosting “Chats with Charlie” on our YouTube channel https://www.youtube.com/person/TravelGov) to debate data offered within the month-to-month Visa Bulletin with our knowledgeable Charlie Oppenheim.  This month’s chat is scheduled to happen on October 26, 2021 at 1:00 p.m. EST to debate the November Visa Bulletin.  Questions might be emailed to VisaBulletin@state.gov forward of the occasion with “Chat with Charlie Query” within the topic line.  Questions can even be taken through the YouTube Dwell Chat and can be answered in real-time.  The occasion is meant to deal with problems with normal curiosity associated to the content material of the Visa Bulletin, and no coverage, case or put up particular questions can be accepted. This can be Charlie’s final chat earlier than his retirement, however @TravelGov will proceed to host chats on consular associated points.

H.  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

 

 

 

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