LawFlash

US Department of State Releases September 2022 Visa Bulletin

August 22, 2022

In the September 2022 Visa Bulletin, visa numbers in certain categories may become unavailable mid-month. Other Workers from All Chargeability Areas, Mexico, and the Philippines will retrogress to May 8, 2019. All other Final Action cutoff dates remain unchanged.

The US Department of State has released its September 2022 Visa Bulletin, outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.

WHAT DOES THE SEPTEMBER 2022 VISA BULLETIN SAY?

As we near the end of the fiscal year, the Visa Bulletin has indicated that “most employment-based preference category limits and/or the overall employment-based preference limit for FY 2022 are expected to be reached during September.” Should this occur, a particular visa category would be deemed “unavailable” for the rest of the fiscal year (September 2022), and no further requests for numbers would be honored until the start of the new fiscal year in October.

The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.

Each month, the US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. For September 2022, the USCIS will follow the Final Action chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in September 2022 must use the Final Action chart below.

FINAL ACTION CUTOFF DATES

To be eligible to file an EB adjustment application in September 2022, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.

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
(was C)

01JUN12

08MAY19

15FEB12

08MAY19
(was C)

08MAY19
(was C)

4th

C

C

08NOV17

C

01APR20

C

 

The USCIS is using the Final Action Cutoff Dates chart in September 2022. All EB-1 priority date cutoffs remain current (C). 

Other Workers

Other Worker cutoff dates have now retrogressed to May 8, 2019, for All Chargeability Areas, El Salvador, Guatemala, Honduras, Mexico, and the Philippines. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before May 8, 2019 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will remain at June 1, 2012. This means that Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before June 1, 2012 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will remain at February 15, 2012. This means that India Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before February 15, 2012 can file their I-485 applications with the USCIS.

Employment-Based Second Preference (EB-2)

The EB-2 cutoff date for China will remain at April 1, 2019. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before April 1, 2019 can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will remain at December 1, 2014. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before December 1, 2014 can file their I-485 applications with the USCIS.

All other EB-2 priority date cutoffs remain current (C). 

Employment-Based Third Preference (EB-3)

The EB-3 cutoff date for China will remain at April 22, 2018. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before April 22, 2018 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain at February 15, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before February 15, 2012, 2018 can file their I-485 applications with the USCIS.

All other EB-3 priority date cutoffs remain current (C).

CONTACTS

If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:

Miami
Laura C. Garvin

San Francisco
A. James Vázquez-Azpiri
Christina M. Gonzaga

Washington, DC
Eric S. Bord
Shannon A. Donnelly
Eleanor Pelta