October 2022 Visa Bulletin
/Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For October, U.S. Citizenship and Immigration Services (USCIS) has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485].
In October the EB-1 preference category on the Dates for Filing Chart for all countries including China and India remains “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1, I-140 may file the I-485 in September.
The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts, and India has retrogressed.
Rapid forward movements of the India E2 final action and application filing dates during FY-2022 were made to maximize number use under the unprecedented high employment limit of 281,507. As a result, heavy applicant demand has materialized and coupled with significantly lower visa number availability for India E2 for FY-2023 as compared to FY-2022, corrective action was required to keep number use within the maximum allowed under the FY-2023 annual limits. The situation will be continually monitored, and any necessary adjustments made accordingly.
The EB-3 preference category is also “current” for all countries other than China and India. In August, the final action dates for EB-3 preference categories for Chinese and Indian nationals were April 22, 2018 and February 15, 2012, respectively. They have remained the same for September.
The Consolidated Appropriations Act, 2022, enacted on March 15, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2022. Visas issued prior to that date will be valid only until September 29, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight September 29, 2022.
The SR category is listed as “Unavailable” for all countries for October. If there is legislative action extending the category, it will become available effective immediately and will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.
High demand in the Employment Fourth category may necessitate the establishment of a worldwide final action date in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
The EB-5 preference category was recently reformed under the EB-5 Reform and Integrity Act and the visa bulletin includes three new categories for EB-5 processing. All EB-5 preference categories are “current” except for EB-5 China-Mainland Born, which retrogressed, and the imposition of a final action date in the EB-5 Unreserved categories C5, T5, I5 and R5.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
