All About the October 2022 Visa Bulletin, What to Expect, and More! — Visa Lawyer Blog — September 9, 2022
In this blog post, we cover the release of the October Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of October.
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.
Adjustment of Status Filing Chart October 2022
For Family-Sponsored Filings:
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 October 2022.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022.
October 2022 Visa Bulletin Dates for Filing Cutoff Dates
Employment-Based Categories
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s October 2022 Visa Bulletin, the following Dates for Filing 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 retrogress by two years and eight months to May 1, 2012, and China will advance by over two months to July 8, 2019. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will both advance to July 1, 2012, and July 15, 2018, respectively. All other countries will remain current.
- EB–3 Other Workers: India and China will both advance, with the India Date for Filing at July 1, 2012, and the China Date for Filing at November 1, 2015. A Date for Filing cut-off date of September 8, 2022, will apply to all other countries.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.
| 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 | C | 01MAY12 | C | C |
| 3rd | C | 15JUL18 | C | 01JUL12 | C | C |
| Other Workers | 08SEP22 | 01NOV15 | 08SEP22 | 01JUL12 | 08SEP22 | 08SEP22 |
| 4th | C | C | 15APR18 | C | 15OCT20 | C |
| Certain Religious Workers | C | C | 15APR18 | C | 15OCT20 | C |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN16 | C | 08DEC19 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C | C |
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
| 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 | 08JUN19 | C | 01APR12 | C | C |
| 3rd | C | 15JUN18 | C | 01APR12 | C | C |
| Other Workers | 01JUN20 | 01SEP12 | 01JUN20 | 01APR12 | 01JUN20 | 01JUN20 |
| 4th | C | C | 15MAR18 | C | 15SEP20 | C |
| Certain Religious Workers | U | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 22MAR15 | C | 08NOV19 | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C | C |
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s October 2022 Visa Bulletin, the following Dates for Filing 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 | 08AUG16 | 08AUG16 | 08AUG16 | 01DEC01 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 08AUG01 | 01OCT13 |
| F3 | 08NOV09 | 08NOV09 | 08NOV09 | 15APR01 | 08NOV03 |
| F4 | 15DEC07 | 15DEC07 | 22FEB06 | 15MAR01 | 22APR04 |
- F1 China: August 8, 2016
- F1 India: August 8, 2016
- F1 Mexico: December 1, 2001
- F1 Philippines: April 22, 2015
- F1 World: August 8, 2016
- F2A: Current for all categories
- F2B China: January 1, 2017
- F2B India: January 1, 2017
- F2B Mexico: August 8, 2001
- F2B Philippines: October 1, 2013
- F2B World: January 1, 2017
- F3 China: November 8, 2009
- F3 India: November 8, 2009
- F3 Mexico: April 15, 2011
- F3 Philippines: November 08, 2003
- F3 World: November 08, 2009
- F4 China: December 15, 2007
- F4 India: February 22, 2006
- F4 Mexico: March 15, 2001
- F4 Philippines: April 22, 2004
- F4 Other World: December 15, 2007
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 15MAR00 | 01MAR12 |
| F2A | C | C | C | C | C |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01APR01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 15OCT97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01JUN00 | 22AUG02 |
- F1 China: December 1, 2014
- F1 India: December 1, 2014
- F1 Mexico: March 15, 2000
- F1 Philippines: March 1, 2012
- F1 World: December 1, 2014
- F2A: Current for all categories
- F2B China, India, World: September 22, 2015
- F2B Mexico: April 1, 2001
- F2B Philippines: October 22, 2011
- F3 China, India, World: November 22, 20008
- F3 Mexico: October 15, 1997
- F3 Philippines: June 8, 2002
- F4 China: March 22, 2007
- F4 India: September 15, 2005
- F4 Mexico: June 1, 2000
- F4 Philippines: August 22, 2002
- F4 World: March 22, 2007
Impact of President Biden’s Rescission of Proclamation 10014 on the Issuance of Immigrant Visas
In February of last year, President Biden made the decision to rescind Presidential Proclamation 10014 and lift the temporary suspension on the issuance of visas for most immigrant and nonimmigrant visa categories, however the operational capacity at U.S. Embassies and Consulates worldwide remains limited due to COVID-19 safety concerns.
The Department of State has said that while some Embassies are prioritizing immigrant visa scheduling for spouses of U.S. Citizens, public health and safety concerns remain paramount. Moreover, U.S. Embassies and Consulates are facing substantial backlogs due to the suspension of most visa operations.
Applicants who were previously subject to the immigrant visa ban under Proclamation 10014 may continue with pre-processing of their applications, however their cases will not be scheduled for an interview until Embassies and Consulates return to routine operational capacity. This will likely take time therefore applicants should expect long delays. Those who were previously refused under the Immigrant Visa ban must wait for further instruction from the U.S. Consulate handling their application.
The Takeaway
As the fiscal year comes to a close in a few weeks, USCIS is expected to use all available employment-based immigrant visa numbers for the fiscal year. A recent court filing reveals that numbers may have been exhausted in the EB-1 and EB-2 categories, and that the EB-3 category may reach its annual limit for FY 2022 very soon. The State Department is expected to make an official announcement in the coming days.
Previously, when an immigrant visa classification became unavailable toward the end of a fiscal year, it was the practice of USCIS to continue to accept adjustment of status filings that were current under that month’s Visa Bulletin. Such cases would be held in abeyance until visa numbers again became available on October 1, at the start of the new fiscal year. We will continue to report back on visa number availability right here on our blog.
Other employment-based trends include very heavy demand in the EB-2 India category resulting in corrective action including significant retrogression to avoid exceeding the annual numerical limits. Additionally, EB-5 China’s unreserved category, and EB-5 India’s unreserved category are also experiencing very high demand, for Consular immigrant visa issuance. The heavy demand required correction action including significant retrogression in the China EB-5 Unreserved category, and imposition of a Final Action cut-off date for the previously current India EB-5 Unreserved category.
On the family-based side, backlogs from the COVID-19 pandemic continue to remain obstacles to immigrant visa scheduling with very slow movement. The Department of State has been taking additional measures to decrease the backlogs including increasing personnel and providing interview waivers for certain cases.
As always we will continue to monitor the Visa Bulletin and report on any changes that may impact you.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
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.
