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April 2022 Visa Bulletin

The April 2022 Visa Bulletin was released late last week. This month saw movement in F4 filing date as Mexico advanced approximately a 20 months and the Philippines advanced approximately 2 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:

 

April 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 at a PD of 15 September 2005; EB1 remains current; EB2 advances 68 days to 8 July 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 remains at 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. 

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 52 days to 22 April 2001 and Philippines remains at 1 October 2013 ; F4 1 October 2007 for All Areas, except India remains at 1 January 2006, Mexico advances 610 days to 22 December 2000, and Philippines advances 81 days to 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 1 September 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.  EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES

Statutory authorization under Division O, Title I, Section 104 of the Consolidated Appropriations Act, 2021, for the EB-5 Immigrant Investor Regional Center Program ended on 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 April.

The Consolidated Appropriations Act, 2022, which reauthorizes and reforms the EB-5 Immigrant Investor Regional Center Program, was signed by the President of the United States on March 15, 2022. Certain Regional Center Program aspects of this legislation go into effect 60 days after the date of the enactment of this Act.  More information will be published in coming editions of the Visa Bulletin.

E.  SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY

H.R. 6617, “Further Additional Extending Government Funding Act” extended the Employment Fourth Preference Certain Religious Workers (SR) category until March 11, 2022. Pursuant to the continuing resolution, the non-minister special immigrant program expires on March 11, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight March 10, 2022. Visas issued prior to this date will be issued with an expiration date of March 10, 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 March 10, 2022.

The SR category is listed as “Unavailable” for all countries for April. If there is legislative action extending the category, it will become “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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