Important Updates
Important Updates
October 31, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
October 31, 2025 | BermudaBermuda: New Work Permit Policy to Prolong Processing Times
October 31, 2025 | ColombiaColombia: Delays in Issuance of Identification Cards
October 31, 2025 | 🌐Minimum Salary Changes Announced
October 31, 2025 | United StatesSenior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award
October 31, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
October 31, 2025 | BermudaBermuda: New Work Permit Policy to Prolong Processing Times
October 31, 2025 | ColombiaColombia: Delays in Issuance of Identification Cards
October 31, 2025 | 🌐Minimum Salary Changes Announced
October 31, 2025 | United StatesSenior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award
October 31, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: December 2022 Visa Bulletin – EB-2 Retrogression for Most Countries and EB-3 Advancement for India and China; EB-1 India and China Likely to Retrogress in Coming Months

November 16, 2022

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • An EB-2 Final Action cutoff date of November 1, 2022, and Dates for Filing cutoff date of December 1, 2022, will take effect next month for all countries except for China and India.
  • The EB-2 India Final Action category will retrogress by more than six months to October 8, 2011. The EB-2 India Dates for Filing cutoff will remain at May 1, 2012.
  • The EB-3 India Professional/Skilled Worker Final Action category will advance by more than two months to June 15, 2012, and the Dates for Filing cutoff will advance by one month to August 1, 2012.
  • The EB-3 China Professional/Skilled Worker category will advance by six weeks, to August 1, 2018 for Final Action, and to September 1, 2018 for Dates for Filing.
  • EB-1 India and China will likely retrogress in the coming months.
  • The FY 2023 employment-based immigrant visa limit will be 197,000, as compared with 281,507 in FY 2022.

A closer look 

According to the State Department’s December 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 retrogress by more than six months to October 8, 2011. China will remain unchanged at June 8, 2019. All other countries will retrogress to November 1, 2022.
  • EB-3 Professionals and Skilled Workers: India will advance by more than two months to June 15, 2012 and China will advance by six weeks to August 1, 2018. All other countries will remain current.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China and India cutoff dates will remain at March 22, 2015 and November 8, 2019, respectively, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

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 the Dates for Filing chart.

Employment-based immigrant visa limit for FY 2023

In the December Bulletin, the State Department confirms that in FY 2022, approximately 57,000 family-based immigrant visas went unused. By statute, these unused family-based immigrant visas are added to the FY 2023 employment-based immigrant visa limit, resulting in a FY 2023 employment-based limit of 197,000 immigrant visas. By comparison, the FY 2022 employment-based limit was 281,507.

Commentary on EB-2 retrogression

As projected in the November Visa Bulletin, the December Visa Bulletin imposes a cutoff date for worldwide EB-2 applicants in response to increased immigrant visa demand. In addition,  the EB-2 India category will also retrogress in December, as a result of unexpected high demand in the EB-1 and EB-2 categories. The State Department says that it will continue to monitor these categories and make any necessary adjustments. This means that further retrogressions cannot be ruled out.

Projections for EB-1 China and India retrogression

The State Department now projects that increased EB-1 demand combined with decreased FY 2023 immigrant visa number availability (as compared to FY 2022) will likely necessitate the imposition of cutoff dates for EB-1 China and India in the coming months, in both the Final Action and Dates for Filing charts. The State Department says that it will continue to monitor these categories and make any necessary adjustments. This means that further retrogressions cannot be ruled out.

Final Action Dates for December 2022

EB-1 
China: Current
India: Current
All other countries: Current                                                                                                   

EB-2  
China: June 8, 2019
India: October 8, 2011
All other countries: November 1, 2022

EB-3 Professionals and Skilled Workers  
China: August 1, 2018
India: June 15, 2012
All other countries: Current

EB-3 Other Workers  
China: June 22, 2013
India: June 15, 2012
All other countries: June 1, 2020

EB-4*
El Salvador, Guatemala, Honduras: March 15, 2018
Mexico: September 15, 2020
All other countries: June 22, 2022
*If there is no legislative action extending the EB-4 Certain Religious Workers category beyond December 15, 2022, the category will become “unavailable” on December 16, 2022.

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: March 22, 2015
India: November 8, 2019
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

Dates for Filing for December 2022

EB-1 
China: Current
India: Current
All other countries: Current                                                                                                     

EB-2  
China: July 8, 2019
India: May 1, 2012
All other countries: December 1, 2022

EB-3 Professionals and Skilled Workers  
China: September 1, 2018
India: August 1, 2012
All other countries: Current

EB-3 Other Workers  
China: November 1, 2015
India: August 1, 2012
All other countries: September 8, 2022

EB-4*
El Salvador, Guatemala, Honduras: April 15, 2018
Mexico: October 15, 2020
All other countries: July 22, 2022
*If there is no legislative action extending the EB-4 Certain Religious Workers category beyond December 15, 2022, the category will become “unavailable” on December 16, 2022.

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2016
India: December 8, 2019
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.