July Visa Bulletin: What to Expect?

Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.

Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.

NOTE: Adjustment of Status Filing Charts July 2021

For Family-Sponsored Filings:

Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.

All other family-sponsored preference categories (other than F2A) must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2021.

USCIS July 2021 Adjustment of Status Filing Charts

July 2021 Visa Bulletin Cutoff Dates

Employment Based Categories

According to the Department of State’s July 2021 Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

EB-1: All countries, including China and India, will remain current.
EB-2: China will advance by seven months, to December 1, 2017, and India will advance by six months, to June 1, 2011. All other countries will remain current.
EB-3 Professionals and Skilled Workers: Cutoff dates for China will advance four months to January 1, 2019, while India will advance fourteen months to January 1, 2013. All other countries will remain current.
EB-5: The Non-Regional Center program will remain current for all countries except China and Vietnam. China will advance by seven weeks to November 8, 2015, while Vietnam will advance by almost two years to April 1, 2020. However, the Regional Center program is set to expire on June 30 unless reauthorized by Congress through legislation. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates.

USCIS will accept employment-based adjustment applications based on the Final Action dates chart, as it did last month.

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Family Sponsored Categories

According to the Department of State’s July 2021 Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

DATES FOR FILING OF FAMILY-SPONSORED VISA APPLICATIONS

Impact of President Biden’s Rescission of Proclamation 10014 on the Issuance of Immigrant Visas

In February of this year, President Biden made the decision to rescind Presidential Proclamation 10014 and lift the temporary suspension on the issuance of visas for most immigrant and nonimmigrant visa categories, however the operational capacity at U.S. Embassies and Consulates worldwide remains limited due to COVID-19 safety concerns.

The Department of State has said that while some Embassies are prioritizing immigrant visa scheduling for spouses of U.S. Citizens, public health and safety concerns remain paramount. Moreover, U.S. Embassies and Consulates are facing substantial backlogs due to the suspension of most visa operations.

Applicants who were previously subject to the immigrant visa ban under Proclamation 10014 may continue with pre-processing of their applications, however their cases will not be scheduled for an interview until Embassies and Consulates return to routine operational capacity. This will likely take time therefore applicants should expect long delays. Those who were previously refused under the Immigrant Visa ban must wait for further instruction from the U.S. Consulate handling their application.

The Expiration of the EB-5 Regional Center Program

The EB-5 Regional Center program is scheduled to expire on June 30, 2021 and is therefore listed as “unavailable” in the July Visa Bulletin. Absent legislative action in Congress to reauthorize the program, immigrant visa issuance and adjustment of status adjudications under this category will be halted as of the close of business on June 30, 2021. Bills to reauthorize the Regional Center program are still pending in Congress, and we do not yet know what the outcome of this legislation will be. All updates on approved legislation will be provided right here on our blog.

Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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