Immigration Lawyer Blog
As we enter the month of December, we share with you the latest Visa Bulletin, highlighting the new trends and projections in the family sponsored and employment-based preference categories. If you would like to know more about what you can expect in terms of visa numbers, please keep on watching.
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.
Overview
USCIS Adjustment of Status Filing Charts for the December 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 December 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 December 2022 to determine when you can apply for adjustment of status.
Employment-Based Categories
DATES FOR FILING CHART EMPLOYMENT-BASED PREFERENCE CASES
The December Visa Bulletin shows 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: EB-2 China will remain at July 8, 2019 and EB-2 India at May 1, 2012. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India will advance to August 1, 2012, and EB-3 China will advance to September 1, 2018. All other countries will remain current.
- EB–3 Other Workers: EB-3 China will remain at November 1, 2015, and EB-3 India will advance to August 1, 2012. A Date for Filing cut-off date of September 8, 2022, applies to all other countries.
- EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at April 15, 2018, and EB-4 Mexico at October 15, 2020. All other countries remain at July 22, 2022.
- 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 | 01DEC22 | 08JUL19 | 01DEC22 | 01MAY12 | 01DEC22 | 01DEC22 |
| 3rd | C | 01SEP18 | C | 01AUG12 | C | C |
| Other Workers | 08SEP22 | 01NOV15 | 08SEP22 | 01AUG12 | 08SEP22 | 08SEP22 |
| 4th | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| Certain Religious Workers | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| 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 |
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
| 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 | 01NOV22 | 08JUN19 | 01NOV22 | 08OCT11 | 01NOV22 | 01NOV22 |
| 3rd | C | 01AUG18 | C | 15JUN12 | C | C |
| Other Workers | 01JUN20 | 22JUN13 | 01JUN20 | 15JUN12 | 01JUN20 | 01JUN20 |
| 4th | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| Certain Religious Workers | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 22MAR15 | C | 08NOV19 | 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 |
- EB-1: All countries current.
- EB-2: All countries at November 1, 2022, except EB-3 China at June 8, 2019 and EB-3 India at October 8, 2011
- EB-3: Current, except EB-3 China at August 1, 2018 and EB-3 India at June 15, 2012
- EB-3 Other Workers: June 1, 2020
- EB-3 Other Workers El Salvador, Guatemala, Honduras, Mexico, Philippines: June 1, 2020
- EB-3 Other Workers China: June 22, 2013
- EB-3 Other Workers India: June 15, 2012
- EB-4 World, China, India, and Philippines at June 22, 2022
- EB-4 El Salvador, Guatemala, Honduras: March 15, 2018
- EB-4 Mexico: September 15, 2020
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Final Action Date for China is March 22, 2015, and November 8, 2019 for India. All other countries are current.
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.
DATES FOR FILING CHART FAMILY-SPONSORED PREFERENCE CASES
The following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
*No change from the November 2022 Visa Bulletin
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 08AUG16 | 08AUG16 | 08AUG16 | 01DEC02 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01JAN02 | 01OCT13 |
| F3 | 08NOV09 | 08NOV09 | 08NOV09 | 15JUN01 | 08NOV03 |
| F4 | 15DEC07 | 15DEC07 | 22FEB06 | 01APR01 | 22APR04 |
- F1 China: August 8, 2016
- F1 India: August 8, 2016
- F1 Mexico: December 1, 2002
- 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: January 1, 2002
- F2B Philippines: October 1, 2013
- F2B World: January 1, 2017
- F3 China: November 8, 2009
- F3 India: November 8, 2009
- F3 Mexico: June 15, 2001
- F3 Philippines: November 08, 2003
- F3 World: November 08, 2009
- F4 China: December 15, 2007
- F4 India: February 22, 2006
- F4 Mexico: April 1, 2001
- F4 Philippines: April 22, 2004
- F4 Other World: December 15, 2007
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
The following Final Action cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
* No change from November Visa Bulletin, except retrogression of F3 Mexico from November 15 to November 1, 1997
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 15NOV00 | 01MAR12 |
| F2A | C | C | C | C | C |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JUN01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 01NOV97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01AUG00 | 22AUG02 |
- F1 China: December 1, 2014
- F1 India: December 1, 2014
- F1 Mexico: November 15, 2000
- F1 Philippines: March 1, 2012
- F1 World: December 1, 2014
- F2A: Current for all categories
- F2B China, India, World: September 22, 2015
- F2B Mexico: June 1, 2001
- F2B Philippines: October 22, 2011
- F3 China, India, World: November 22, 2008
- F3 Mexico: November 1, 1997* retrogression
- F3 Philippines: June 8, 2002
- F4 China: March 22, 2007
- F4 India: September 15, 2005
- F4 Mexico: August 1, 2000
- F4 Philippines: August 22, 2002
- F4 World: March 22, 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
- December Visa Bulletin
- November Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- Chats with Charlie YouTube Channel
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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