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
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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.
