November 2021 Visa Bulletin:  Retrogression for EB-3 India and China

The State Department recently announced some important changes in its November Visa Bulletin.

The Visa Bulletin contains two sets of dates, Final Action Dates and Dates for Filing. For the month of November, USCIS announced that it will follow the Dates for Filing chart for all new applicants.  

The meaning of these dates can be extremely confusing. 

For the month of November 2021, it is important to note that priority dates for both Indian and Chinese nationals in the EB3 (employment based third preference) category are retrogressing, by nearly two years in the case of India and by more than nine months in the case of China. 

INDIA

  • EB-3 India Final Action Dates: USCIS will not approve adjustment applications, and DOS will not issue immigrant visas for EB3 (employment based third preference) applicants born in India with priority dates on or after January 15, 2012.  To receive approval of an adjustment application or immigrant visa in November, these applicants must have a priority date before January 15, 2012. 
  • EB-3 India Dates for Filing: Applicants born in India with priority dates on or after January 22, 2012 may not file Adjustment of Status applications that are received after October 31, 2021.  Only applicants with a priority date before January 22, 2012 may file adjustment applications after October 31, 2021. 

CHINA

  • EB-3 China Final Action Dates: USCIS will not approve adjustment applications, and DOS will not issue immigrant visas for EB3 (employment based third preference) applicants born in China with priority dates on or after March 22, 2018. To receive approval of an adjustment application or immigrant visa in November, these applicants must have a priority date before March 22, 2018. 
  • EB-3 China Dates for Filing: Applicants born in China with priority dates on or after April 1, 2018 may not file Adjustment of Status applications that are received after October 31, 2021. Only applicants with a priority date before April 1, 2018 may file adjustment applications after October 31, 2021. 

For background information about the Visa Bulletin, see our Alert on  “Visa Bulletin: Understanding the Basics” at https://www.aila.org/File/Related/flyer%20visa%20bulletin%20–%20final.pdf. 

For more information about how the November Visa Bulletin impacts your particular case, please consult a qualified immigration lawyer.

Facebook Faces Litigation For Allegedly Favoring Immigrant Job Applicants

Facebook has agreed to pay a $4.75 million fine and up to $9.5 million to eligible victims to settle Department of Justice (DOJ) allegations that the company discriminated against U.S. workers in its use of the PERM labor certification program.

In December 2020, the DOJ filed suit against Facebook alleging that:

“From at least Jan. 1, 2018, until at least Sept. 18, 2019, Facebook routinely reserved jobs for temporary visa holders through the PERM process. Specifically, the lawsuit alleged that, in contrast to its standard recruitment practices, Facebook used recruiting methods designed to deter U.S. workers from applying to certain positions, such as requiring applications to be submitted by mail only; refused to consider U.S. workers who applied to the positions; and hired only temporary visa holders.”

The lawsuit argues that these practices intentionally discriminated against U.S. workers because of their citizenship or immigration status. In addition to monetary fines, Facebook’s future PERM recruitment will be monitored and it will be required to conduct more extensive recruitment.

PERM regulations detail specific recruitment requirements. This lawsuit reveals that when meeting regulatory requirements, employers may want to consider aligning PERM recruitment more closely with their usual recruitment practices.

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