United States: January 2022 Visa Bulletin – Advancements in EB-2 India and China
December 16, 2021
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At a glance
- EB-2 India Final Action dates will advance by nine weeks to July 8, 2012. EB-2 China will advance by three weeks to January 22, 2019.
- EB-3 India and EB-3 China Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
- EB-5 China (Non-Regional Center program) remains current next month.
- EB-1 China and EB-1 India will remain current next month.
- The January Dates for Filing remain unchanged from last month.
A closer look
According to the State Department’s January 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 nine weeks to July 8, 2012, and China will advance by three weeks to January 22, 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 expired and is listed as unavailable in the January Visa Bulletin Final Action Date chart. If reauthorized, the Regional Center category will also be current for final action for all countries except China, which would be subject to a November 22, 2015 final action date.
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 applications based on the Final Action dates chart, or on the Dates for Filing chart, as it did last month. The Dates for Filing chart in the January Visa Bulletin remains the same as last month.
Impact of consular operations challenges
Visa application backlogs coupled with reduced consular operations due to COVID-19 public health measures and increased travel during the holiday season 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.
Expired EB-5 Regional Center program
The EB-5 Regional Center program expired on June 30, 2021 and is therefore listed as “unavailable” in the January Visa Bulletin. Immigrant visa issuance and adjustment of status adjudications under this category ceased after the close of business on June 30. USCIS has provided guidance on its treatment of regional center-affiliated filings in the wake of the expiration. Advocacy efforts to support reauthorization are ongoing.
Final Action Dates for January 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: January 22, 2019
India: July 8, 2012
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: March 1, 2012
India: January 15, 2012
All other countries: Current
EB-4
El Salvador, Guatemala, Honduras: March 15, 2019
Mexico: April 1, 2020
All other countries: Current
EB-5*
China: Current
All other countries: Current
*Regional Center program expired on June 30, 2021 and will remain unavailable unless reauthorized by Congress through legislation. If reauthorized, the Regional Center category will also be current for final action for all countries except China, which would be subject to a November 22, 2015 final action date.
Dates for Filing for January 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: April 1, 2019
India: July 8, 2013
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: May 1, 2015
India: January 22, 2012
All other countries: Current
EB-4
El Salvador, Guatemala, Honduras: May 15, 2019
Mexico: Current
All other countries: Current
EB-5
China: Current (Non-Regional Center); December 15, 2015 (Regional Center)*
All other countries: Current
*Regional Center program expired on June 30, 2021. USCIS has stated it will reject adjustment of status applications based on an approved Regional Center immigrant visa petition.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
