United States: March 2022 Visa Bulletin – Strong Advancement in EB-2 India, But Future Retrogression Possible; USCIS Will Accept Employment-Based Adjustment Applications Based on Dates for Filing
February 16, 2022
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At a glance
- USCIS has announced that it will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the March Visa Bulletin.
- The March Dates for Filing remain unchanged from last month for EB-1, EB-2 and EB-3 Professional/Skilled Workers.
- EB-2 India Final Action dates will advance by four months to May 1, 2013. EB-2 China will remain the same at March 1, 2019. However, EB-2 India may be subject to retrogression in future months if increased EB-5 demand eliminates a surplus of visa numbers that would have otherwise applied to EB-2.
- 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.
- EB-5 China (Non-Regional Center program) remains current next month, but may see cutoff dates imposed as early as April 2022.
- EB-1 China and EB-1 India will remain current next month.
A closer look
According to the State Department’s March 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 four months to May 1, 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 expired and is listed as unavailable in the March 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.
The Dates for Filing chart in the March Visa Bulletin remains largely the same as last month. The only changes are a one-month advancement for EB-3 China Other Workers to July 1, 2015 and an EB-4 retrogression of nearly two years for El Salvador, Guatemala, and Honduras.
Employment-based adjustment of status filings with USCIS
In March, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Chart, as it did last month. To be eligible to file, employer-sponsored foreign nationals must have a priority date that is earlier than the Dates for Filing listed in the March Visa Bulletin.
Possible EB-5 Non-Regional Center and EB-2 India changes as early as April 2022
The March Visa Bulletin also projects that as early as April 2022, it may be necessary to establish EB-5 Non-Regional Center Final Action and Dates for Filing cutoffs for China, ending a recent streak of the category remaining current for China-mainland born nationals. Relatedly, if there is sufficient demand in the EB-5 category in the coming weeks, EB-2 India may require “corrective action,” meaning a retrogression in that category as well.
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 March 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.
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.
Dates for Filing for March 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: April 1, 2019
India: September 1, 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: July 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
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.
Final Action Dates for March 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: March 1, 2019
India: May 1, 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: May 1, 2012
India: January 15, 2012
All other countries: Current
EB-4*
El Salvador, Guatemala, Honduras: May 1, 20172
Mexico: April 1, 2020
All other countries: Current
*EB-4 Certain Religious Workers is unavailable
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.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
