October 2021 Visa Bulletin

From the bulletin:

This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1. Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by September 7th . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

In plain words: “Unavailable” (“U”) means paused; “retrogress” means move back; “chargeability area” means country of birth; “final action date” means approval date; “date for filing” means filing date.

From the bulletin:

For November , immigrant numbers in the DV category are available to qualified DV-2022 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:

Region

All DV Chargeability Areas Except

Those Listed Separately

AFRICA

5,300

Except: Egypt 3,000

ASIA

2,700

Except: Iran 1,450

Nepal 1,700

EUROPE

5,300

NORTH AMERICA (BAHAMAS)

4

OCEANIA

375

SOUTH AMERICA,

and the CARIBBEAN

500

In plain words: “chargeability area” means country of birth.

From the bulletin:

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to Section 102 of Division I, Title I of the Consolidated Appropriations Act, 2021 (Public Law 116-260), the non-minister special immigrant program expires on September 30, 2021. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2021. Visas issued prior to this date will only be issued with a validity date of September 29, 2021, 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, 2021.

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

If there is legislative action extending this category for FY-2022, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a March 15, 2019 final action date, and Mexico, which would be subject to a March 1, 2020 final action date.

Employment Fifth Preference I5 and R5 Regional Center Visa Categories (I5 and R5):

Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the immigrant investor pilot program until June 30, 2021. No I5 or R5 visas may be issued overseas or final action taken on adjustment of status cases after June 30, 2021.

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

If there is legislative action extending this category for October, 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 a November 22, 2015 final action date.

In plain words: “Current” (“C”) means open to everyone; “Unavailable” (“U”) means paused; “final action date” means approval date.

From the bulletin:

Worldwide dates:

F1: No movement expected

F2A: Current

F2B: No movement expected

F3: No movement expected

F4: No movement expected

EMPLOYMENT-based categories (potential monthly movement)

Employment First :

Worldwide: Current

China: Current

India: Current

Employment Second :

Worldwide: Current

China: Up to several months

India: Up to several months

Employment Third :

Worldwide: A final action date could be imposed as early as November

China: A retrogression of this date could occur as early as November

India: A retrogression of this date could occur as early as November

Mexico: A final action date could be imposed as early as November

Philippines: A final action date could be imposed as early as November

Employment Fourth : Current for most countries

El Salvador, Guatemala, and Honduras: Limited, if any, movement expected

Mexico: Limited, if any, movement expected

Employment Fifth: Current for most countries

China: No 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 several other variables impacting processing.

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

@TravelGov will be hosting "Chats with Charlie" on our YouTube channel https://www.youtube.com/user/TravelGov ) to discuss information provided in the monthly Visa Bulletin. This month’s chat is scheduled to take place on September 15, 2021 at 1:00 p.m. EST to discuss the October Visa Bulletin. Questions can be emailed to [email protected] ahead of the event with "Chat with Charlie Question" in the subject line. Questions will also be taken via the YouTube Live Chat and will be answered in real-time. The event is intended to address issues of general interest related to the content of the Visa Bulletin, and no policy, case or post specific questions will be accepted.

In plain words: “Current” (“C”) means open to everyone; “retrogress” means move back; “final action date” means approval date.