The May 2022 Visa Bulletin was released. This month was quite eventful as the EB2 India priority date advanced about 6 months. The F4 filing date advanced approximately 2 months for both India and Mexico. Additionally, USCIS introduced new distinctions within the EB5 visa that are now all available and current except for the EB5 China (I5 and R5).
Commentary:
May 2022
For all countries except India, China, Philippines, and Mexico: F1 category remains at December 1 2014; 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 a PD of 15 September 2005; EB1 remains current; EB2 advances 180 days to 1 September 2013; EB3 remains at a PD of 15 January 2012; All EB5 visas are now available and current.
For China only: EB1 remains current; EB2 remains at a PD of 1 March 2019; EB3 remains at a PD of 22 March 2018; All EB5 Non-Regional Center are now current and available except for the EB5 Unreserved (I5 and R5) China which has a PD date of 22 November 2015.
Vietnam is not individually listed and should use all countries category.
Can file your immigrant applications if PD before:
F2A Current; F2B 22 September 2016 for All Areas, except Mexico advances 9 days to 1 May 2001 and Philippines remains at 1 October 2013 ; F4 1 October 2007 for All Areas, except India advances 52 days to 22 February 2006, Mexico advances 69 days days to 01 March 2001, and Philippines remains 22 April 2004 .
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 advances 91 days 1 December 2014; 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. REAUTHORIZATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES
The Consolidated Appropriations Act, 2022, which reauthorizes and reforms the EB-5 Immigrant Investor Regional Center Program, was enacted on March 15, 2022. The Department of State has resumed processing visa applications based on approved Employment-Based Fifth Preference Regional Center petitions that were filed with USCIS on or before June 30, 2021.
Chart A for Final Action Dates for Employment-Based Preference Categories and Chart B Dates for Filing of Employment-Based Visa Applications were revised to reflect some of the new provisions outlined in the EB-5 Reform and Integrity Act of 2022, mainly the creation of two pools of visa numbers within the EB-5 category. One pool of numbers is ‘reserved’ for certain set-aside categories while the remaining available numbers remain ‘unreserved’.
Chart A for Final Action Dates for Employment-Based Preference Categories reflect final action dates for May that are effective immediately for the month of April. The Employment-Based Fifth Preference Unreserved (C5, T5, and all others) is Current for all countries; the Employment-Based Fifth Preference Unreserved (I5 and R5) categories are Current for all countries except China-mainland born, which is subject to a 22NOV15 final action date; and all set-aside categories are Current for all countries. It may become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as June to keep number use within the maximum allowed under the FY-2022 annual limits if sufficient demand materializes.
E. EXTENSION OF EMPLOYMENT FOURTH CERTAIN RELIGIOUS WORKERS (SR) CATEGORY
The Consolidated Appropriations Act, 2022, enacted on March 15, 2022, also extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2022. As indicated in item F of the Visa Bulletin which announced the March final action dates, the extension has resulted in the immediate application of the following final action dates for the month of April:
SR: “Current” effective immediately for all countries except El Salvador, Guatemala, and Honduras, which are subject to a May 1, 2017 final action date, and Mexico, which is subject to an April 1, 2020 final action date.
F. AVAILABILITY OF EMPLOYMENT THIRD PREFERENCE “OTHER WORKERS” (EW) NUMBERS
High number use in the Employment Third Preference “Other Workers” (EW) category may necessitate the establishment of a worldwide final action date as early as June 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.
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
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