United States: November 2022 Visa Bulletin – Most Employment-Based Categories Hold Steady; USCIS to Accept Employment-Based Adjustment Applications Based on Dates for Filing
October 7, 2022
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At a glance
- In November, USCIS will continue to accept adjustment of status applications based on the monthly Visa Bulletin’s Dates for Filing Chart, rather than the Final Action Dates Chart.
- The Dates for Filing and Final Action Dates for EB-1, EB-2, and EB-3 Professionals and Skilled Workers will remain unchanged in November.
- The Department of State’s November Visa Bulletin raises the possibility that a worldwide cut-off date for EB-2 might need to be established at some point in the coming months.
A closer look
USCIS has announced that next month it will accept employment-based adjustment of status applications with priority dates that are earlier than the Dates for Filing listed in the Department of State’s November Visa Bulletin.
According to the State Department’s November Visa Bulletin, the employment-based Dates for Filing – which will determine whether an adjustment of status application can be filed with USCIS in November – will be as follows:
- EB-1: All countries, including India and China, will remain current.
- EB-2: China and India will remain at July 8, 2019 and May 1, 2012, respectively. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: China and India will remain at July 15, 2018 and July 1, 2012, respectively. All other countries will remain current.
- EB-3 Other Workers: China and India will remain at November 1, 2015 and July 1, 2012, respectively. All other countries will remain at September 8, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China and India will remain at January 1, 2016 and December 8, 2019, respectively, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.
The employment-based Final Action cutoff dates – which will determine whether an adjustment of status application can be approved in November – will be as follows:
- EB-1: All countries, including India and China, will remain current.
- EB-2: China and India will remain at June 8, 2019 and April 1, 2012, respectively. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: China and India will remain at June 15, 2018 and April 1, 2012, respectively. All other countries will remain current.
- EB-3 Other Workers: China will advance three months, to December 1, 2012. India will remain at April 1, 2012. All other countries will remain at June 1, 2020.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China and India will remain at March 22, 2015 and November 8, 2019, respectively. EB-5 Final Action dates will remain current for all other countries, and for all EB-5 “Set-Aside” categories.
Possible Future Imposition of Worldwide Final Action Date for EB-2
According to the Visa Bulletin, there is a possibility that increased demand in the EB-2 category may necessitate the establishment of a worldwide Final Action cut-off date in the coming months, in order to keep numbers use within the FY 2023 limits. The State Department indicated that it will continue to monitor the situation and will take appropriate action, if and as necessary.
Dates for Filing for November 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: July 8, 2019
India: May 1, 2012
All other countries: Current
EB-3 Professionals and Skilled Workers
China: July 15, 2018
India: July 1, 2012
All other countries: Current
EB-3 Other Workers
China: November 1, 2015
India: July 1, 2012
All other countries: September 8, 2022
EB-4 (other than the SR religious worker category)
El Salvador, Guatemala, Honduras: April 15, 2018
Mexico: October 15, 2020
All other countries: Current
EB-4 SR Religious Workers
El Salvador, Guatemala, Honduras: April 15, 2018
Mexico: October 15, 2020
All other countries: Current
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
Final Action Dates for November 2022
EB-1
China: Current
India: Current
All other countries: Current
EB-2
China: June 8, 2019
India: April 1, 2012
All other countries: Current
EB-3 Professionals and Skilled Workers
China: June 15, 2018
India: April 1, 2012
All other countries: Current
EB-3 Other Workers
China: December 1, 2012
India: April 1, 2012
All other countries: June 1, 2020
EB-4 (other than the SR religious worker category)
El Salvador, Guatemala, Honduras: March 15, 2018
Mexico: September 15, 2020
All other countries: Current
EB-4 SR Religious Workers
El Salvador, Guatemala, Honduras: March 15, 2018
Mexico: September 15, 2020
All other countries: Current
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
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
