Immigration Lawyer Blog
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.
Helpful Links
- April 2022 Visa Bulletin
- March 2022 Visa Bulletin
- National Visa Center (NVC) February 2022 Immigrant Visa Backlog Report
- February 2022 Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- DOS YouTube Channel
- Blog Post: What is happening with the EB-5 Regional Center Program?
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
- ImmigrationU
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.