United States: November 2022 Visa Bulletin – Most Employment-Based Categories Hold Steady; USCIS to Accept Employment-Based Adjustment Applications Based on Dates for Filing

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.