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The April 2022 Visa Bulletin and Predictions

Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming April 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.

Want to know more? Keep on watching for all the details.


Overview


What’s happening in the employment-based categories?


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE


According to the Department of State’s April 2022 Visa Bulletin, the following final 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 advance by more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
  • EB-4: All countries are current, except El Salvador, Guatemala, and Honduras at May 01, 2017, and Mexico at April 01, 2020.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.
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 01MAR19 C 08JUL13 C C
3rd C 22MAR18 C 15JAN12 C C
Other Workers C 01JUN12 C 15JAN12 C C
4th C C 01MAY17 C 01APR20 C
Certain Religious Workers U U U U U U
5th Non-Regional Center
(C5 and T5)
C C C C C C
5th Regional Center
(I5 and R5)
U U U U U U

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES


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 01APR19 C 01SEP14 C C
3rd C 01APR18 C 22JAN12 C C
Other Workers C 01AUG15 C 22JAN12 C C
4th C C 15JUN17 C C C
Certain Religious Workers C C 15JUN17 C C C
5th Non-Regional Center
(C5 and T5)
C C C C C C
5th Regional Center
(I5 and R5)
C 15DEC15 C C C C

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?


All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing Chart in the Department of State Visa Bulletin for April 2022.


What’s happening in the family-sponsored categories?


FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE


According to the Department of State’s April 2022 Visa Bulletin, the following final action 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 01DEC14 01DEC14 01DEC14 01JAN00 01MAR12
F2A C C C C C
F2B 22SEP15 22SEP15 22SEP15 01JAN01 22OCT11
F3 22NOV08 22NOV08 22NOV08 15SEP97 08JUN02
F4 22MAR07 22MAR07 15SEP05 01JAN00 22AUG02 
  • F1 China: December 1, 2014
  • F1 India: December 1, 2014
  • F1 Mexico: January 1, 2000
  • F1 Philippines: March 1, 2012
  • F1 World: December 1, 2014
  • F2A: Current for all categories
  • F2B China: September 22, 2015
  • F2B India: September 22, 2015
  • F2B Mexico: January 1, 2001
  • F2B Philippines: October 22, 2011
  • F2B World: September 22, 2015
  • F3 China: November 22, 2008
  • F3 India: November 22, 2008
  • F3 Mexico: September 15, 1997
  • F3 Philippines: June 08, 2002
  • F3 World: November 22, 2008
  • F4 China: March 22, 2007
  • F4 India: September 15, 2005
  • F4 Mexico: January 1, 2000
  • F4 Philippines: August 22, 2002
  • F4 Other World: March 22, 2007

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES


Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES 
F1 15MAY16 15MAY16 15MAY16 01MAY01 22APR15
F2A C C C C C
F2B 22SEP16 22SEP16 22SEP16 22APR01 01OCT13
F3 22AUG09 22AUG09 22AUG09 01MAR01 08NOV03
F4 01OCT07 01OCT07 22FEB06 22DEC00 22APR04

 

  • F1 China: May 15, 2016
  • F1 India: May 15, 2016
  • F1 Mexico: May 01, 2001
  • F1 Philippines: April 22, 2015
  • F1 World: May 15, 2016
  • F2A: Current for all categories
  • F2B China, India, World: September 22, 2016
  • F2B Mexico: April 22, 2001
  • F2B Philippines: October 1, 2013
  • F3 China, India, World: August 22, 2009
  • F3 Mexico: March 1, 2001
  • F3 Philippines: November 8, 2003
  • F4 China: October 1, 2007
  • F4 India: February 22, 2006
  • F4 Mexico: September 22, 2000
  • F4 Philippines: April 22, 2004
  • F4 World: October 1, 2007

Which filing chart do I use if I want to apply for adjustment of status based on family sponsorship within the USA?


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 April 2022.


Conclusion


The April 2022 Visa Bulletin brings about minor changes when compared to the previous month’s Visa Bulletin. The most significant change is the advancement of the EB-2 India category by more than 2 months, and the reauthorization of the EB-5 Regional Center Program through September 30, 2027. New legislative changes have also been introduced including an increase in the minimum EB-5 investment amount for targeted employment areas (TEAs) to $800,000 from $500,000.

A disclaimer has also been added which indicates that the high visa number use in the EB-3 Other Workers category may require the Department of State to establish a worldwide Final Action date as early as June 2022 to maintain numerical limits within the maximum allowed under the fiscal year 2022 annual limit. For family-sponsored petitions, little forward movement has been made due to the phased resumption of visa services at most U.S. Embassies and Consulates overseas, limited resources, and the enormous backlog of cases caused by the COVID-19 pandemic.


Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.


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