The month of September has come and is nearly gone. That means that it is time to discuss next month’s Visa Bulletin for October 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement you can expect to see during the month of October for both employment based, and family sponsored preference visa categories, and our predictions for interview appointment availability. October’s Visa Bulletin is also important because it marks the end of the fiscal year.
Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).
The primary purpose of the Visa bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.
Want to know more? Just keep on watching.
Overview
USCIS Adjustment of Status Filing Charts for the October Visa Bulletin (for those residing in the USA)
For Family-Sponsored Filings:
Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022 to determine when you can apply for adjustment of status.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022 to determine when you can apply for adjustment of status.
Employment-Based Categories
During the September Visa Bulletin, there were some predictions that there would be retrogressions, but it was not immediately clear which categories might be impacted. The October Visa Bulletin now indicates that a significant retrogression has occurred in the EB-2 category for India by 2 years and 8 months. For its part, USCIS has reported that there has been rapid movement in the dates for filing for EB-2 India and cutoff dates were implemented in fiscal year 2022 to maximize number use. There were over 280,000 visas available in fiscal year 2022.
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s October 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
- EB-1: All countries, including India and China, will remain current.
- EB-2: India will retrogress by two years and eight months to May 1, 2012, and China will advance by over two months to July 8, 2019. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will both advance to July 1, 2012, and July 15, 2018, respectively. All other countries will remain current.
- EB–3 Other Workers: India and China will both advance, with the India Date for Filing at July 1, 2012, and the China Date for Filing at November 1, 2015. A Date for Filing cut-off date of September 8, 2022, will apply to all other countries.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, 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.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 08JUL19 | C | 01MAY12 | C | C |
| 3rd | C | 15JUL18 | C | 01JUL12 | C | C |
| Other Workers | 08SEP22 | 01NOV15 | 08SEP22 | 01JUL12 | 08SEP22 | 08SEP22 |
| 4th | C | C | 15APR18 | C | 15OCT20 | C |
| Certain Religious Workers | C | C | 15APR18 | C | 15OCT20 | C |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN16 | C | 08DEC19 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C | C |
Family-Sponsored Categories
Looking at the family-sponsored categories, there has not been much movement due to the large visa backlogs caused by the Coronavirus pandemic. Consulates worldwide are still experiencing delays, with many posts unable to accommodate the large demand for immigrant visa interview appointments. On the bright side, there have been some positive advancements that we expect to continue when the new fiscal year begins.
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s October 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 08AUG16 | 08AUG16 | 08AUG16 | 01DEC01 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 08AUG01 | 01OCT13 |
| F3 | 08NOV09 | 08NOV09 | 08NOV09 | 15APR01 | 08NOV03 |
| F4 | 15DEC07 | 15DEC07 | 22FEB06 | 15MAR01 | 22APR04 |
- F1 China: August 8, 2016
- F1 India: August 8, 2016
- F1 Mexico: December 1, 2001
- F1 Philippines: April 22, 2015
- F1 World: August 8, 2016
- F2A: Current for all categories
- F2B China: January 1, 2017
- F2B India: January 1, 2017
- F2B Mexico: August 8, 2001
- F2B Philippines: October 1, 2013
- F2B World: January 1, 2017
- F3 China: November 8, 2009
- F3 India: November 8, 2009
- F3 Mexico: April 15, 2011
- F3 Philippines: November 08, 2003
- F3 World: November 08, 2009
- F4 China: December 15, 2007
- F4 India: February 22, 2006
- F4 Mexico: March 15, 2001
- F4 Philippines: April 22, 2004
- F4 Other World: December 15, 2007
Conclusion
In the months ahead, we will continue to monitor the trends and projections in the Visa Bulletin, so that you are informed about what you can expect with respect to the movements in the family-sponsored and employment-based preference categories.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- October 2022 Visa Bulletin
- September 2022 Visa Bulletin
- National Visa Center (NVC) Immigrant Visa Backlog Report
- Adjustment of Status Filing Dates from Visa Bulletin
- DOS YouTube Channel
- Blog Post: What is happening with the EB-5 Regional Center Program?
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
- ImmigrationU
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.