4. this month for filing applications for adjustment of status with USCIS. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. Unless otherwise indicated on the U.S. At this time, the consensus among many different trusted sources is that we will not see any priority date movement for India EB2 or EB3 in December's Visa Bulletin release. The situation will be continually monitored, and any necessary adjustments made accordingly. Reset Update Tracker Graph Results New Immigrants Insurance Get Quotes New Immigrants Insurance Overview Read Article Visitors Insurance Get Quotes No Results Found Legend The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. Visas issued prior to this date will only be issued with a validity date of February 17, 2022, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight February 17, 2022. 4. Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. If there is no legislative action extending this category, the category will become Unavailable effective December 16, 2022. DATES FOR FILING FAMILY-SPONSOREDVISA APPLICATIONS. F.ESTABLISHMENT OF EMPLOYMENT SECOND PREFERENCE FINAL ACTION AND APPLICATION FILING DATES. According to the Department of State's March 2022 Visa Bulletin, the following final action 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. this month for filing applications for adjustment of status with USCIS. 5. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. Similarly, spouses and children accompanying or following to join DV-2022 principals are only entitled to derivative DV status until September 30, 2022. Please see December 2022 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when. The dependent area limit is set at 2%, or 7,320. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. E.RETROGRESSION OF CHINA-MAINLAND BORN FINAL ACTION DATE AND IMPOSITION OF INDIAFINAL ACTION DATE IN THE EMPLOYMENT-BASED FIFTH PREFERENCE UNRESERVED CATEGORIES(INCLUDING C5, T5, I5, AND R5). When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: D. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER. If you wish to remain on travel.state.gov, click the "cancel" message. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. E. VISA AVAILABILITY IN THE EMPLOYMENT FIRST CATEGORY FOR CHINA AND INDIA If a category is designated current, all applicants in the relevant category may file, regardless of priority date. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. US Dept of State Work-Sponsored Visa Bulletin Predictions for September 2022 All Charge-ability Areas Except Those Listed Mainland China India Mexico Philippines Need help? DV visas may not be issued to DV-2023 applicants after that date. Without this information, it is impossible to make an official determination of the annual limits. 6119, Further Extending Government Funding Act extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 18, 2022. No one country can receive more than seven percent of the available diversity visas in any one year. Procedures for determining dates. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) Numbers could be exhausted prior to September 30. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. Based on litigation filed to prevent green . ), B. C.THE DIVERSITY (DV) IMMIGRANTCATEGORY RANK CUT-OFFSWHICH WILL APPLY IN NOVEMBER. To keep track of activity around your priority date, subscribe to the Green Card Dashboard. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. E.VISA AVAILABILITY IN THE EMPLOYMENT FIRST CATEGORY FOR CHINA AND INDIA. CA/VO:October 3, 2022. A closer look According to the State Department's October Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries, including China and India, will remain current. This situation will be continually monitored, and any necessary adjustments will be made accordingly. Back to Green Card Discussion Forum (I-140) Ask a Lawyer. August 2022 Visa Bulletin Predicted Priority Dates for India EB3. The dependent area limit is set at 2%, or 7,320. 1. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 15, 2022. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. Readers were advised in item G of the June 2022 Visa Bulletin that due to steady number use in the F2A category, a final action date might need to be established as early as August. This will result in reduction of the DV-2022 annual limit to approximately 54,850. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This situation will be continually monitored, and any necessary adjustments will be made accordingly. A. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. 2. CA/VO:September 1, 2022. ForDecember, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. This bulletin summarizes the availability of immigrant numbers during September for: "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. A. A. Preliminary consolidated number use by State and USCIS for all of FY-2022 shows there were approximately 57,000 unused family-sponsored visa numbers. Please see below for more details or click here to view in PDF format. ForJanuary, immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. H.R. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. January 2022 About the Visa Bulletin DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The worldwide level for annual employment-based preference immigrants is at least 140,000. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. If there is legislative action extending the category, it will become available effective immediately and will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability. January 2022 Visa Bulletin has been officially released (valid from January 1 to January 31 only). DV visas may not be issued to DV-2022 applicants after that date. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". B.DIVERSITYIMMIGRANT(DV)CATEGORY FOR THE MONTHOF DECEMBER. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. *Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. 610 of Pub. As a result, the estimated employment-based annual limit will be 197,000 for FY-2023. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. DV visas may not be issued to DV-2023 applicants after that date. The dependent area limit is set at 2%, or 7,320. FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. B.DIVERSITYIMMIGRANT(DV)CATEGORY FOR THE MONTHOF SEPTEMBER. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. If you wish to remain on travel.state.gov, click the "cancel" message. As a result, heavy applicant demand has materialized and coupled with significantly lower visa number availability for India E2 for FY-2023 as compared to FY-2022, corrective action was required to keep number use within the maximum allowed under the FY-2023 annual limits. October 2022 Visa Bulletin Predictions. Fifth:Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: Except: Iran 2,500 Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. Fourth: Certain Special Immigrants: 7.1% of the worldwide level. The remaining 68% are unreserved and are allotted for all other qualified immigrants. This bulletin summarizes the availability of immigrant numbers during January for: "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". A locked padlock ) or https:// means you've safely connected to the .gov website. 3. The visa prorating provisions of Section 202 (e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: First:(F1)Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. The results of the October 2022 Visa Bulletin were not only frustrating for potential green card applicants, but also shocking. For January, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. 4. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. Therefore, further corrective action has been necessary to ensure that the limited supply of visa numbers is allocated by priority date in accordance with INA 203(e). "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021. F2A numbersSUBJECT to per-country limitare authorized for issuance to applicants chargeable to all countriesEXCEPT MEXICOwith priority dates beginning 22APR19. this month for filing applications for adjustment of status with USCIS. The key of our prediction is that there will be no 'forward movement' for F1-All Countries until at least the summer of 2022, and most likely no movement until the end of fiscal year 2022 in September 2022. Supply is fixed at 226,000 per year for family based (FB) categories. The dependent area limit is set at 2%, or 7,320. Please see November 2022 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): Family Based: Final Action Dates. B. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Unless otherwise indicated on the U.S. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. 1. F1: Family-Sponsored First Preference (Unmarried Sons and Daughters of U.S. Citizens) F2A: Family-Sponsored Second Preference, Subcategory A (Spouses and Children of Permanent Residents) F2B: Family-Sponsored Second Preference, Subcategory B (Unmarried Sons and Daughters of Permanent Residents) These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. ForNovember, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. F. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV, Department of State Publication 9514 The final action dates for the I5 and R5 categories have been listed as Unavailable for January. For Fiscal Year 2022 this reduction will be limited to approximately 150. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Visas issued prior to that date will be valid only until September 29, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight September 29, 2022. Fifth:Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The visa prorating provisions of Section 202 (e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. If this pattern continues, we likely will see no movement in dates for EB2 India, and a slight movement for EB3 India of 1 to 3 months. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application. A. Beyond the detailed analysis that we shared, this has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa . The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa.
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