LawFlash

US Department of State Releases October 2022 Visa Bulletin

September 12, 2022

US Citizenship and Immigration Services will use the Dates for Filing Chart in October 2022. EB-2 India will retrogress to May 1, 2012. Additionally, Final Action cutoff dates for India EB-2 and EB-3 will retrogress to April 1, 2012.

The US Department of State has released its October 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 OCTOBER 2022 VISA BULLETIN SAY?

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 October 2022, the USCIS will follow the Dates for Filing 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 October 2022 must use the Dates for Filing chart below.

DATES FOR FILING CUTOFF DATES

To be eligible to file an EB adjustment application in October 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

08JUL19
(was
01APR19)

C

01MAY12
(was
01DEC14)

C

C

3rd

C

15JUL18
(was
22APR18)

C

01JUL12
(was
15FEB12)

C

C

Other Workers

08SEP22
(was 08MAY19)

01NOV15
(was
01JUN12)

08SEP22
(was
08MAY19)

01JUL12
(was
15FEB12)

01JUL12
(was
08MAY19)

08SEP22
(was
08MAY19)

4th

C

C

15APR18
(was
08NOV17)

C

15OCT20
(was
01APR20)

C

 

Employment Based First Preference (EB-1):

All EB-1 priority date cutoffs remain current (C) in October. This means that all EB-1 applicants can file their I-485 applications with the USCIS with no delay.

Employment Based Second Preference (EB-2):

The EB-2 cutoff date for China will advance to July 8, 2019, from 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 July 8, 2019, can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will retrogress to May 1, 2012, from 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 May 1, 2012, 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 advance to July 15, 2018, from 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 July 15, 2018, can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will advance to July 1, 2012, from 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 July 1, 2012, can file their I-485 applications with the USCIS.

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

Other Workers:

Other Worker cutoff dates have moved forward to September 8, 2022, 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 September 8, 2022, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will move forward to November 1, 2015, from June 1, 2012. This means that Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before November 1, 2015, can file their I-485 applications with the USCIS.

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

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