December 2021 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the December 2021 Visa Bulletin. The most significant development is that the cutoff date for EB2 India moves past its EB3 counterpart in December.

Visa Bulletin Summary

Employment-Based, First Preference (EB1) Category

The EB1 category remains current for all countries of chargeability.

Employment-Based, Second Preference (EB2) Category

The cutoff date for the EB2 category for India advances to May 1, 2012. EB2 China moves up to January 1, 2019. The EB2 category remains current for all other countries of chargeability.

Employment-Based, Third Preference (EB3) Category

The cutoff date for EB3 India remains stationary at January 15, 2012. This means that EB2 India returns to having a more favorable cutoff date than EB3 India. Presumably, this will result in more EB3-to-EB2 “upgrade” filings.

For China, the cutoff date remains at March 22, 2018. The EB3 category remains current for all other countries of chargeability.

EB3 Other Workers

With the exception of China, the cutoff dates for EB3 other workers are the same for each country as its respective EB3 cutoff dates. For China, the cutoff date for EB3 other workers moves ahead to March 1, 2012.

Employment-Based, Fourth Preference (EB4) Category

There is no movement from last month in the EB4 category. However, unless Congress takes action by midnight December 2, 2021, the EB4 program for certain religious workers will expire, resulting in the category becoming unavailable, effective December 3, 2021.

Employment-Based, Fifth Preference (EB5) Category

For non-regional center cases, EB5 China is now listed as current, along with all other countries of chargeability. For regional center cases, EB5 is unavailable because the program has expired.

If Congress renews the regional center program, the EB5 China cutoff date for both regional center and non-regional center cases would go back to November 22, 2015. For all other countries, the category would be current.


MurthyDotCom will continue to closely monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to have weekly updates sent to your inbox.


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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.