United States: May 2022 Visa Bulletin – Some EB-2 India Movement, Other Categories Hold Steady; EB-5 Final Action Dates Effective Immediately
April 13, 2022
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At a glance
- Most employment-based Final Action dates show modest or no movement in May.
- The EB-2 India Final Action date will advance by almost two months, to September 1, 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 Final Action Dates in the May Visa Bulletin are effective immediately in April. EB-5 China (Non-Regional Center program) remains current. EB-5 (Regional Center) is current for all countries except China under the “Unreserved” category, which holds a November 22, 2015 final action date.
- The Date for Filing for EB-2 India will advance three months, to December 1, 2014. All other Dates for Filing for EB-1, EB-2, and EB-3 Professional/Skilled Workers will remain unchanged in May.
A closer look
According to the State Department’s May 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 almost two months, to September 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: Effective immediately, the Non-Regional Center program is current for all countries, including China. The Regional Center program has been reauthorized and revised by recent legislation. EB-5 Regional Center cases that are chargeable to China and “Unreserved” under the new law now hold a November 22, 2015 final action date. “Unreserved” Regional Center cases for all other countries and all “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) for all countries are current for final action.
The May Visa Bulletin states that all EB-5 Final Action dates listed in the May Bulletin are effective immediately for the month of April.
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 May Visa Bulletin remains the same as last month, with the exception of the EB-2 India Date for Filing, which advances three months, to December 1, 2014, and the Date for Filing for EB-4 El Salvador, Guatemala, and Honduras, which advances two weeks, to June 15, 2017.
Possible imposition of Final Action cutoff date for EB-3 Other Workers
The May Visa Bulletin continues to warn 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 2022, 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 and EB-5 availability in general
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. The Department of State recently announced that it has resumed processing visa application based on approved EB-5 Regional Center petitions that were filed with U.S. Citizenship and Immigration Services on or before June 30, 2021, the date the prior version of the program expired.
In the May Visa Bulletin, the Final Action and Dates for Filing charts have been revised to reflect provisions in the new EB-5 legislation, mainly the creation of two pools of visa numbers. The new law sets aside a proportion of the overall EB-5 immigrant visa quota for investment projects in rural and high-unemployment areas, and for infrastructure projects. Beginning this month, priority date cutoffs for those projects will be listed separately in the visa bulletin. The remainder of the EB-5 quota is listed as “unreserved,” with its own priority date cutoffs.
The Bulletin also states that if sufficient demand materializes, it may become necessary to establish a cutoff date for China on both the Final Action Date and Dates for Filing Charts in the Non-Regional Center categories as early as June 2022 to keep number use within the maximum allowed under the FY 2022 limits.
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 May 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: March 1, 2019
India: September 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: 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
*Effective immediately in the month of April
EB-5 (Non-Regional Center, Unreserved)*
China: Current
All other countries: Current
*Effective immediately in the month of April
EB-5 (Regional Center, Unreserved)*
China: November 22, 2015
*Effective immediately in the month of April
EB-5 Set-Asides*
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
*Effective immediately in the month of April
Dates for Filing for May 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: April 1, 2019
India: December 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 15, 2017
Mexico: Current
All other countries: Current
EB-5 (Non-Regional Center, Unreserved)
China: Current
All other countries: Current
EB-5 (Regional Center, Unreserved)
China: December 15, 2015
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.
