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United States: May 2022 Visa Bulletin Update – USCIS to Honor Filing Dates for Employment-Based Categories

April 14, 2022

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  • United StatesUnited States

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At a glance

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s May 2022 Visa Bulletin.

Employment-Based Priority Date Cutoffs for May 2022

To be eligible to file an employment-based adjustment application in May, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

USCIS has again chosen the Dates for Filing chart for employment-based applications.

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.

USCIS Cutoff Dates 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. 

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