The February 2022 Visa Bulletin was released late last week. It feels like it has been a while since anything major happened in a visa bulletin release, which could be viewed as both a positive and a negative. Once again, most categories saw little to no forward movement, with the only major mover being EB2 India, which advanced approximately 6 months. As in previous months, USCIS has indicated that the Dates for Filing chart is to be used by all applicants filing for their greencards in both the employment-based and family-based categories, except for F2A which is to use the Final Action Dates chart.
Commentary:
February 2022
For all countries except India, China, Philippines, and Mexico: F2A category priority date remains current, F2B preference remains at a PD of 22 September 2015, F4 category remains at 22 March 2007; EB1 remains current; EB2 remains current; and EB3 remains current.
For India only: F2A category remains current, F2B preference remains at 22 September 2015, F4 remains at a PD of 15 September 2005; EB1 remains current; EB2 advances 177 days to 1 January 2013; EB3 remains at a PD of 15 January 2012; EB5 Non-Regional Center remains current and the Regional Center remains unavailable.
For China only: EB1 remains current; EB2 advances 38 days to a PD of 1 March 2019; EB3 remains at a PD of 22 March 2018; EB5 Non-Regional Center remains current and the Regional Center remains unavailable.
For Vietnam only: EB5 Non-Regional Center remains current and the Regional Center remains unavailable.
Can file your immigrant applications if PD before:
F2A Current; F2B 22 September 2016 for All Areas, except 1 March 2001 for Mexico and 1 October 2013 for Philippines; F4 1 October 2007 for All Areas, except 1 January 2006 for India, 22 August 1999 for Mexico, and 1 February 2004 for Philippines.
EB1 Current for all countries, including China and India; EB2 All countries except India and China are current; EB3 Current for all countries except India and China; EB2 India 1 September 2013; EB3 India 22 January 2012; EB2 China 1 April 2019; EB3 China 1 April 2018; EB5 China (RC) 15 December 2015; EB5 China (Non-RC) Current; Vietnam is not individually listed and should use the all countries category.
Notes copied from the Department of State regarding Visa availability:
D. EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES
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 February.
If there is legislative action extending this category for February, the final action dates would immediately become “Current” for February for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date.
E. AVAILABILITY OF EMPLOYMENT-BASED FOURTH PREFERENCE NUMBERS
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 2022 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
El Salvador, Guatemala, and Honduras: As mentioned above, the rate of demand has increased primarily for adjustment of status cases and will require corrective action as early as March to hold number use within allowable limits.
Mexico: If number use continues to increase then corrective action may be necessary in the coming months.
F. SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY
H.R. 6119, “Further Extending Government Funding Act” extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 18, 2022. Pursuant to the continuing resolution, the non-minister special immigrant program expires on February 18, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight February 17, 2022. Visas issued prior to this date will only be issued with a validity date of February 17, 2022, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight February 17, 2022.
The SR category is listed as current for all countries for February except El Salvador, Guatemala, and Honduras, which are subject to a March 15, 2019 final action date, and Mexico, which is subject to an April 1, 2020 final action date.
G. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
**Copyright 2022 by Watson Immigration Law. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.