The U.S. State Department has issued its monthly Visa Bulletin for April 2021, and quite incredibly the Employment-Based First Preference (EB-1) category for all countries is current both in the Bulletin’s Final Action Dates chart and the Dates for Filing chart. This includes China and India.
Who is Eligible?
The EB-1 green card category applies to aliens of extraordinary ability, outstanding researchers or professors, and multinational managers or executives. Historically there has always been a backlog for individuals born in China or India. In April, however, nationals of China and India will not be subject to any waiting period. This means that any individual from any country who is either eligible for an immigrant visa in the EB-1 category, or who has an approved immigrant visa petition, may file an I-485 application for Adjustment of Status to Permanent Residency, and obtain an Employment Authorization Document. This includes a spouse and children!
For Pending EB-1 Applications
Some individuals in this situation might already have a pending application for permanent residence with USCIS or an immigrant visa application in process with the State Department. It’s possible that during the month of April, if USCIS or the State Department are able to complete the processing of these pending applications, they might do so and grant the green card.
For those who have an immigrant visa application in process either with the National Visa Center or one of the U.S. Embassies or Consulates abroad, it might still be some time before those applications can be completed. President Biden has rescinded the Presidential Proclamation that banned the issuance of immigrant visas, but U.S. Embassies and Consulates have still not resumed routine visa processing for the most part.
Upcoming Event for More Information
Goldman & Partners Immigration Law will be hosting a Zoom Information Session on the EB-1 Green Card option and what the current priority date means for individuals from India and China Tuesday March 30 at 12:00 PM EST. Please register here.
If you have a pending application in the EB-1 category, or if you believe you might eligible to file an application under the EB-1 category, please join our Zoom Information Session, or contact us for a consultation.