The October 2022 Visa Bulletin was released. Unfortunately many categories regressed including the EB2 India PD and the EB2 filing date. Read more below and please feel free to contact our office with any questions.
Commentary:
October 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 regressed 974 days to 1 April 2012; EB3 advances 30 days to 1 April 2012; All EB5 visas are current.
For China only: EB1 remains current; EB2 advances 54 days to 8 June 2019; EB3 advances 54 days to 15 June 2018; All EB5 Non-Regional Center are now current except for the EB5 Unreserved (I5 and R5) China regressed 275 days to a PD date of 22 March 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 regressed 1036 days to 1 March 2012; EB3 India advanced 130 days to 01 July 2012; EB2 China remains at 1 May 2019; EB3 China advanced 54 days to 15 July 2018; EB5 China (C5, T5, I5, R5 ) remains at 01 January 2016; All other EB5 China remain Current; Vietnam is not individually listed and should use the all countries category.
Below are notes from the US State Department:
D. SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE (SR) RELIGIOUS WORKERS CATEGORY
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.
E. RETROGRESSION OF CHINA-MAINLAND BORN FINAL ACTION DATE AND IMPOSITION OF INDIA FINAL ACTION DATE IN THE EMPLOYMENT-BASED FIFTH PREFERENCE UNRESERVED CATEGORIES (INCLUDING C5, T5, I5, AND R5)
It was necessary to retrogress the final action date for the China-mainland born Employment-Based Fifth Preference unreserved categories due to heavy demand for numbers, primarily for visa issuances abroad. In addition, sufficient India demand has materialized in the Employment-Based Fifth Preference unreserved categories to require the imposition of a final action date for October. Heavy China-mainland born and India demand along with lower visa number availability for FY-2023 as compared to FY-2021 and FY-2022 has made these corrective actions necessary 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.
F. RETROGRESSION OF INDIA EMPLOYMENT SECOND PREFERENCE (E2) FINAL ACTION AND APPLICATION FILING DATES FOR OCTOBER
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.
G. VISA AVAILABILITY IN THE EMPLOYMENT FOURTH CATEGORY
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.