Immigration Update: Visa Bulletin August 2022 News and Predictions

We are delighted to announce the Department of State has published the Visa Bulletin for August 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement that has occurred in the most recent visa bulletin for both employment based, and family sponsored preference categories, as well as what you can expect in the coming months.

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 should be notified to assemble and submit the required documentation to the National Visa Center.

The primary purpose of this 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 July Visa Bulletin (for those residing in the USA)


Every month, the US Citizenship, and Immigration Services (USCIS) releases information regarding which filing chart applicants must use in order to apply for adjustment of status to permanent residence, while in the United States. This information can be found on the USCIS webpage. In general, if there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will indicate that AOS applicants may use the Dates for Filing chart.

Otherwise, applicants will be asked to use the Final Action Dates chart.

If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.


Which chart should I refer to for the month of August 2022?


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 August 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2022.


Family Based Sponsorship Final Action Dates August 2022


Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 01DEC14 01DEC14 01DEC14 15MAR00 01MAR12
F2A C C C 22APR19 C
F2B 22SEP15 22SEP15 22SEP15 01APR01 22OCT11
F3 22NOV08 22NOV08 22NOV08 15OCT97 08JUN02
F4 22MAR07 22MAR07 15SEP05 01JUN00 22AUG02

Trends in comparison to last month (July 2022)


  • F1 China: December 1, 2014
  • F1 India: December 1, 2014
  • F1 Mexico: March 15, 2000
  • F1 Philippines: March 1, 2012
  • F1 World: December 1, 2014
  • F2A: Current for all categories except Mexico which has retrogressed to April 22, 2019
  • F2B China, India, World: September 22, 2015
  • F2B Mexico: April 1, 2001
  • F2B Philippines: October 22, 2011—no change
  • F3 China, India, World: November 22, 2008
  • F3 Mexico: October 15, 1997
  • F3 Philippines: June 08, 2002—no change
  • F4 China: March 22, 2007
  • F4 India: September 15, 2005—no change
  • F4 Mexico: June 1, 2000
  • F4 Philippines: August 22, 2002—no change
  • F4 World: March 22, 2007

The Takeaway


In the family-based categories for the Final Action Dates chart, we are seeing slow movement in the month of August. Some preference categories have retrogressed such as F2A Mexico, and others have seen no change whatsoever. We do not expect any significant change to occur through the end of the fiscal year in October.


Employment Based Categories Final Action Dates Chart August 2022


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 01DEC14 C C
3rd C 22APR18 C 15FEB12 C C
Other Workers 08MAY19 01JUN12 08MAY19 15FEB12 08MAY19 08MAY19
4th C C 08NOV17 C 01APR20 C
Certain Religious Workers C C 08NOV17 C 01APR20 C
5th Unreserved
(including C5, T5, I5, R5)
C 22NOV15 C C 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

Trends in comparison to last month (July 2022)


  • EB-1: All countries, including India and China, will remain current.
  • EB-2: All countries will remain current, except China at April 1, 2019, and India at December 1, 2014
  • EB-3 Professionals and Skilled Workers: EB-3 India is at February 15, 2012 and EB-3 China is at April 22, 2018. All other countries will remain current.
  • EB3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India is at February 15, 2012, and EB-3 China is at June 1, 2012
  • EB-4: EB-4 El Salvador, Guatemala, Honduras, remains unchanged from the previous month at November 8, 2017, and EB-4 Mexico will remain unchanged from the previous month at April 1, 2020. All other countries will remain current.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure)

The Takeaway


In the employment-based categories, for the month of August we did not see much movement compared to previous months. However, Embassies and Consulates are making their best efforts to schedule as many employment-based immigrant visa interviews are possible, while also monitoring local country conditions.

As you can see many employment-based visa categories have continued to remain current due to the surplus of available visas coming from the family-based categories. If you are in the EB-2 or EB-3 categories, and your priority date is current on the Visa Bulletin, you should file your immigrant visa application or green card as soon as possible before changes occur. Overall, we are optimistic that this trend will continue all through October (the end of the fiscal year). For the moment, we do not predict any big changes from what we have seen so far, and trends will remain similar through the coming months. In the employment-based categories, we expect India and China to experience some retrogression, but it is too early to predict how much.

If your priority date is current on the Visa Bulletin, you should be proactive and go through the immigrant visa process as soon as possible. We hope to see faster movement during the next fiscal year.


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


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