The US Department of State has released its November 2022 Visa Bulletin, outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals. Notably, the State Department indicated that it may be necessary to establish a worldwide Final Action Date in the Employment-Based Second Preference (EB-2) category due to increased demand.

WHAT DOES THE NOVEMBER 2022 VISA BULLETIN SAY?

The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved, and permanent residence granted.

Each month, the US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. For November 2022, the USCIS will follow the Dates for Filing chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in November 2022 must use the Dates for Filing chart below.

DATES FOR FILING CUTOFF DATES

To be eligible to file an EB adjustment application in November 2022, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.

Employment-Based First Preference (EB-1)

All EB-1 priority date cutoffs remain current (C) in November. This means that all EB-1 applicants can file their I-485 applications with the USCIS with no delay.

Employment-Based Second Preference (EB-2)

The EB-2 cutoff date for China will remain at July 8, 2019. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before July 8, 2019, can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will remain at May 1, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before May 1, 2012, can file their I-485 applications with the USCIS.

All other EB-2 priority date cutoffs remain current (C).

Employment-Based Third Preference (EB-3)

The EB-3 cutoff date for China will remain at July 15, 2018. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before July 15, 2018, can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain at July 1, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before July 1, 2012, can file their I-485 applications with the USCIS.

All other EB-3 priority date cutoffs remain current (C).

Other Workers

The Other Workers cutoff date will remain at September 8, 2022, for All Chargeability Areas, El Salvador, Guatemala, Honduras, Mexico, and the Philippines. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before September 8, 2022, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will remain at November 1, 2015. This means that China Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before November 1, 2015, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will remain at July 1, 2012. This means that India Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before July 1, 2012, can file their I-485 applications with the USCIS.

FINAL ACTION CUTOFF DATE ADVANCES FOR CHINA EB-3

The only significant change in the visa bulletin is that the final action cutoff date for China EB-3 will advance to December 1, 2012, from September 1, 2012. This means that currently pending China EB-3 cases with priority dates before December 1, 2012, where the adjustment of status has been filed, can now be approved by USCIS.

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