The December 2022 Visa Bulletin was released. The is movement in many categories of this month’s bulletin. Most notable, India EB2 final action date regressed 177 days to October 8, 2011. See below for more details.
Commentary:
December 2022
For all countries except India, China, Philippines, and Mexico: F1 category remains at December 1 2014; F2A category priority date remains current, F2B remains at 22 September 2015, F4 category remains at 22 March 2007; EB1 remains current; EB2 regressed to 1 November 2022; and EB3 remains current.
For India only: F2A category remains current, F2B remains at 22 September 2015, F4 remains at 15 September 2005; EB1 remains current; EB2 regressed 177 days to 08 October 2011 ; EB3 advances 78 days to 18 June 2012; All EB5 visas are current.
For China only: EB1 remains current; EB2 remains at 1 April 2019; EB3 remains at 1 August 2018; All EB5 Non-Regional Center are now current except for the EB5 Unreserved (I5 and R5)remains at 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 and china, except Mexico remains at 1 January 2002 and Philippines remains at 1 October 2013 ; F4 remains at 15 December 2007 for All Areas, except India remains at 22 February 2006, Mexico advances 18 days to 1 April 2001, and Philippines remains 22 April 2004 .
EB1 Current for all countries, including China and India; EB2 All countries except India and China regressed to 01 December 2022; EB3 Current for all countries except India and China; EB2 India remains at 01 May 2012; EB3 India remains at 01 August 2012; EB2 China remains at 8 July 2019; EB3 China advances 49 days to 1 September 2018; EB5 China (C5, T5, I5, R5 ) remains at 1 January 2016; All other EB5 China remain Current; Vietnam is not individually listed and should use the all countries category.
Additional Notes copied from USCIS:
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B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF DECEMBER
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. This will result in reduction of the DV-2023 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For December, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately |
|
|---|---|---|
| AFRICA | 9,000 | Except: Algeria 8,500 Egypt 3,000 Morocco 8,500 |
| ASIA | 3,300 | Except: Iran 3,000 Nepal 1,700 |
| EUROPE | 6,100 | Except: Russia 6,000 Uzbekistan 6,000 |
| NORTH AMERICA (BAHAMAS) | 5 | |
| OCEANIA | 400 | |
| SOUTH AMERICA, and the CARIBBEAN |
575 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. DV visas may not be issued to DV-2023 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023. DV visa availability through the very end of FY-2023 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JANUARY
For January, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately |
|
|---|---|---|
| AFRICA | 20,000 | Except: Algeria 11,000 Egypt 7,000 Morocco 12,000 |
| ASIA | 9,000 | Except: Iran 5,500 Nepal 5,500 |
| EUROPE | 15,000 | Except: Russia 12,000 Uzbekistan 8,500 |
| NORTH AMERICA (BAHAMAS) | 5 | |
| OCEANIA | 650 | |
| SOUTH AMERICA, and the CARIBBEAN |
1,200 |
D. EMPLOYMENT-BASED PREFERENCE ANNUAL LIMIT FOR FISCAL YEAR 2023
Preliminary consolidated number use by State and USCIS for all of FY-2022 shows there were approximately 57,000 unused family-sponsored visa numbers. As a result, the estimated employment-based annual limit will be 197,000 for FY-2023.
E. VISA AVAILABILITY IN THE EMPLOYMENT FIRST CATEGORY FOR CHINA AND INDIA
Increased demand and number use in the Employment First category, combined with decreased visa number availability for FY-2023 compared to FY-2022, will most likely necessitate the establishment of final action dates and application filing dates for China and India in the coming months to hold number use within the maximum allowed under the FY-2023 annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
F. ESTABLISHMENT OF EMPLOYMENT SECOND PREFERENCE FINAL ACTION AND APPLICATION FILING DATES
As readers were warned may happen in Item E of the November 2022 Visa Bulletin, it has become necessary to establish a worldwide Employment Second Preference final action and application filing dates effective in December to hold number use within the maximum allowed under the FY-2023 annual limit. Except for China and India, all countries are subject to a final action date of 01NOV22 and an application filing date of 01DEC22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
G. RETROGRESSION OF INDIA EMPLOYMENT SECOND PREFERENCE FINAL ACTION AND APPLICATION FILING DATES FOR DECEMBER
Due to heavy applicant demand and significantly lower visa number availability for India E2 for FY-2023, corrective action was taken in October to keep number use within the maximum allowed under the FY-2023 annual limits. However, higher than expected levels of demand in the Employment First and Employment Second categories has materialized this year, and as a result, fewer additional numbers will be available to India in the Employment Second category than originally estimated when the October and November final action and application filing dates were established. Therefore, further corrective action has been necessary to ensure that the limited supply of visa numbers is allocated by priority date in accordance with INA 203(e). The situation will be continually monitored, and any necessary adjustments made accordingly.
H. ESTABLISHMENT OF EMPLOYMENT FOURTH CATEGORY FINAL ACTION AND APPLICATION FILING DATES FOR DECEMBER
As readers were warned may happen in Item G of the October 2022 Visa Bulletin, high demand in the Employment Fourth category has necessitated the establishment of a worldwide final action date and application filing date for December to hold number use within the maximum allowed under the FY-2023 annual limit. Except for El Salvador, Guatemala, Honduras, and Mexico, all countries are subject to a final action date of 22JUN22 and an application filing date of 22JUL22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
I. VISA AVAILABILITY IN THE EMPLOYMENT FOURTH CATEGORY FOR EL SALVADOR, GUATEMALA, AND HONDURAS
Higher than expected demand in the Employment Fourth category for El Salvador, Guatemala, and Honduras may necessitate corrective action 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.
J. SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY
H.R. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 15, 2022. Visas issued prior to that date will be valid only until December 15, 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 December 15, 2022.
The SR category is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.
If there is legislative action extending this category, the December dates would be applied for the entire month. If there is no legislative action extending this category, the category will become “Unavailable” effective December 16, 2022.
K. 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
Department of State Publication 9514
CA/VO: November 10, 2022″