Immigration Update: Visa Bulletin October 2022 News and Predictions

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.

USCIS October 2022 Adjustment of Status Filing Charts

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.

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