The September 2022 Visa Bulletin was released. The is movement in many categories of this month’s bulletin. Most notable, The PD date for EB5 Unreserved advanced 30 days to 22 December 2015. The EB3 China PD also moved back 31 days to 22 April 2018. Please feel free to contact our office with any questions.
Commentary:
September 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 remains at 1 December 2014; EB3 advances 7 days to 15 February 2012; All EB5 visas are current.
For China only: EB1 remains current; EB2 remains at 1 April 2019; EB3 advances 30 days to 22 April 2018; All EB5 Non-Regional Center are now current except for the EB5 Unreserved (I5 and R5) China advanced 30 days to a PD date of 22 December 2015.
Vietnam is not individually listed and should use all countries category.
Can file your immigrant applications if PD before:
F2A Current; F2B remains at 17 January 2017 for All Areas, except Mexico remains at 1 August 2001 and Philippines remains at 1 October 2013 ; F4 remains at 15 December 2007 for All Areas, except India remains at 22 February 2006, Mexico remains at 15 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 moved back 46 days to 1 December 2014; EB3 India advanced 23 days to 15 February 2012; EB2 China remains at 1 May 2019; EB3 China moved back 31 days to 22 April 2018; EB5 China (C5, T5, I5, R5 ) remains at 22 December 2015; All other EB5 China remain Current; Vietnam is not individually listed and should use the all countries category.
Below are notes from the State Department:
D. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER
There has been a steady increase in both USCIS and Department of State demand patterns for employment-based visas during the fiscal year. As a result, most employment-based preference category limits and/or the overall employment-based preference limit for FY 2022 are expected to be reached during September. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.
E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on reasonable estimates of the anticipated amount of visa numbers to be available under the annual limits, in accordance with Section 203(g) of the INA. On August 2nd, USCIS provided the required data to the VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2022 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2022 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 281,507
Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2022 the per-country limit is 35,525. The dependent area annual limit is 2%, or 10,150.
F. 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