The State Department released its October Visa Bulletin revealing a significant retrogression in certain employment-based immigrant visa (green card) categories. The EB-2 Category for India was the most impacted.
On September 6th 2022, USCIS reported that the visa cap had been reached for EB-1 and EB-2 visas for applicants in countries of chargeability. With the release of the October Visa Bulletin, there were some unpleasant surprises when it came to the EB-2 Category for India.
The Final Action Dates for all countries in the EB-1 Category remained current, including India and China. The movement with the most impact happened in the EB-2 category. For Indian citizens, there was a retrogression from December 1, 2014 in the September 2022 visa bulletin to April 1, 2012, in the current October 2022 visa bulletin.
The dates for Chinese citizens in the EB-2 preference category moved forward by three months to July 8, 2019. The dates remain current for all other countries in the EB-2 category.
In the fiscal year 2023, there are fewer visas than what was available in 2022, which creates an imbalance between supply and demand, resulting in the unfortunate retrogression that has been announced.
USCIS and State Department specified that they will continue to monitor visa availability as the fiscal year 2023 progresses and a clearer picture emerges.
As confirmed by USCIS, Applicants may use the Dates of Filing Chart to file I-485 AOS applications in October 2022 (see below)
October 2022 Final Action Dates
EB-1
All countries remain current.
EB-2
China advances to June 8, 2019, and
India retrogresses to April 1, 2012.
All other countries remain current.
EB-3 Professional and Skilled Workers
China advances to June 15, 2018, and
India advances to April 1, 2012.
All other countries remain current.
EB-3 Other Workers
The worldwide cutoff date is June 1, 2020.
India advances to April 1, 2012
China advances to September 1, 2012.
EB-4
The final action date for El Salvador, Guatemala, and Honduras advances to March 15, 2018.
Mexico advances to September 15, 2020.
All other countries remain current.
EB-5 Non-Regional (C5, T5)
For unreserved visas, the Final Action Date for China retrogresses to March 22, 2015.
India retrogresses to November 8, 2019.
All other countries and categories are current
October 2022 Dates for Filing
EB-1
All countries remain current.
EB-2
China: July 8, 2019
India: May 1, 2012
All other countries: Current
EB-3 Professional and Skilled Workers
China: July 15, 2018
India: July 1, 2012
All other countries: Current
EB-3 Other Workers
China: November 1, 2015
India: July 1, 2012
All other countries: September 8, 2022
EB-4
El Salvador, Guatemala, and Honduras: April 15, 2018
Mexico: October 15, 2020
All other countries: Current
EB-5
China: January 1, 2016
India: December 08, 2019
All other countries: Current
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