United States: April 2022 Visa Bulletin – Advancement in EB-2 India; Other Categories Hold Steady
March 16, 2022
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At a glance
- Most employment-based Final Action dates show modest or no movement in April.
- The EB-2 India Final Action date will advance by over two months, to July 8, 2013. EB-2 China will remain at March 1, 2019.
- EB-3 India and EB-3 China Professional/Skilled Worker Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
- Worldwide EB-1/EB-2/EB-3, and EB-1 China and India will remain current next month.
- EB-5 China (Non-Regional Center program) remains current next month, while EB-5 (Regional Center) remains Unavailable, pending the effective date of certain provisions in recent legislation reauthorizing the program.
- The Date for Filing for EB-2 India will advance a full year, to September 1, 2014. All other Dates for Filing for EB-1, EB-2, and EB-3 Professional/Skilled Workers will remain unchanged in April.
A closer look
According to the State Department’s April Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa will be as follows:
- EB-1: All countries, including India and China, will remain current.
- EB-2: India will advance by over two months, to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
- EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, as certain provisions of the reauthorizing legislation have not yet taken effect.
In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment of status applications based on the Final Action dates chart, or on the Dates for Filing chart. The Dates for Filing chart in the April Visa Bulletin remains the same as last month, with the notable exception of the EB-2 India Date for Filing, which advances a full year, to September 1, 2014, and the Date for Filing for EB-3 China Other Workers, which advances one month, to August 1, 2015.
Possible Imposition of Final Action Cutoff Date for EB-3 Other Worker
The April Visa Bulletin warns that high number use in the EB-3 Other Workers category may necessitate the establishment of a worldwide Final Action date as early as June, in order to hold number use within the maximum allowed under the FY2022 annual limit. The State Department notes that it will continue to monitor the situation and make adjustments, as necessary.
EB-5 Regional Center program
On March 15, 2022, President Biden signed an omnibus appropriations bill, which reauthorizes and reforms the EB-5 Regional Center (RC) Program and extends the program through September 30, 2027. However, certain aspects of the RC program do not go into effect until mid-May, 60 days after the date of the bill’s enactment, and as such, the April Visa Bulletin continues to list the Final Action Dates for the EB-5 Regional Center category as “Unavailable” for all countries. More information on availability of immigrant visas for the RC program is expected to be published in the coming editions of the Visa Bulletin.
Impact of consular operations challenges
Visa application backlogs coupled with reduced consular operations due to COVID-19 public health measures continue to limit the issuance of immigrant visas by U.S. consulates abroad. Immigrant visa (IV) applicants who are no longer subject to the Trump-era immigrant ban may see their cases move forward, but should continue to expect delays as most consulates are still at reduced capacity as they try to work through backlogs. Those previously refused under the IV ban should await further instruction from the U.S. consulate that handled their application.
Final Action Dates for April 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: March 1, 2019
India: July 8, 2013
All other countries: Current
EB-3 Professionals and Skilled Workers
China: March 22, 2018
India: January 15, 2012
All other countries: Current
EB-3 Other Workers
China: June 1, 2012
India: January 15, 2012
All other countries: Current
EB-4*
El Salvador, Guatemala, Honduras: May 1, 2017
Mexico: April 1, 2020
All other countries: Current
*The EB-4 Certain Religious Workers category continues to be listed as Unavailable; however, this appears to be an error because the program was extended through FY 2022 in recent omnibus appropriations legislation. A Visa Bulletin update is expected.
EB-5 (Non-Regional Center)
China: Current
All other countries: Current
EB-5 (Regional Center)
Continues to be listed as Unavailable for all countries, pending recent reauthorization of program taking effect.
Dates for Filing for April 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: April 1, 2019
India: September 1, 2014
All other countries: Current
EB-3 Professionals and Skilled Workers
China: April 1, 2018
India: January 22, 2012
All other countries: Current
EB-3 Other Workers
China: August 1, 2015
India: January 22, 2012
All other countries: Current
EB-4
El Salvador, Guatemala, Honduras: June 1, 2017
Mexico: Current
All other countries: Current
EB-5 (Non-Regional Center)
China: Current
All other countries: Current
EB-5 (Regional Center)
China: December 15, 2015
All other countries: Current
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
