EB2 India Retrogresses in October 2022 Visa Bulletin
September 9, 2022
The October 2022 Visa Bulletin just issued by the US Department of State (DOS) shows a significant retrogression in the EB2 category for India.
The USCIS has stated that in October 2022 they will follow the Visa Bulletin’s Dates for Filing chart to determine whether an applicant may file the I-485 Application for Adjustment of Status. That date for EB2 India in October will be 01 May 2012.
The Final Action chart for EB2 India shows a date of 01 April 2012 (a month earlier than the Dates for Filing). This means the USCIS will be able to approve I-485s in October with a priority date earlier than 01 April 2012.
Other highlights from the October 2022 Visa Bulletin Dates for Filing:
- EB1: all countries will remain current
- EB2: China will advance 2 months to 08 July 2019; all other countries (other than India) will remain current
- EB3: India will advance to 01 July 2012; China will advance to 15 July 2018; all other countries will remain current
- EB3 Other Workers: India will advance to 01 July 2012; China will advance to 01 Nov 2015; all other countries will cut off at 8 Sept 2022.
The October 2022 Visa Bulletin Final Action Date (which determines which I-485 applications the USCIS may approve) shows:
- EB1: all countries will remain current
- EB2: China will advance to 08 June 2019; all other countries will remain current
- EB3: India will advance to 01 April 2012; China will advance to 15 June 2018; all other countries will remain current
- EB3 Other Workers: India will advance to 01 April 2012; China will advance to 01 Sept 2012; all other countries will advance to 01 June 2020.
The USCIS has published FAQs relating to employment-based immigrant visa usage. Through August 31, 2022, the USCIS and Department of State approved 263,510 employment-based immigrant visas (out of an allocated 281,507 for FY2022, which ends on September 30).
An announcement that all visas for FY2022 have been used may come soon from the Department of State. In the meantime, we recommend that any responses to Requests for Evidence (RFEs) relating to I-485s where the priority date is current in September be filed as soon as possible. Likewise, any unfiled I-485s which are eligible for filing per the September 2022 Visa Bulletin should be filed now. In its FAQs, the USCIS reiterates that applicants should not send in medicals unsolicited due to the "rapid movement of files between directorates and offices."
In addition, we note the FAQs states "DOS currently estimates that the FY2023 employment-based annual limit will be approximately 200,000, due to unused family-based visa numbers from FY2022 being added to the employment-based limit for FY2023. USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY2023. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas.”
Weaver Schlenger is monitoring the situation closely and will continue to provide updates on our website as they become available.
