The Dates for Filing Chart for January 2022 remains unchanged. The US Citizenship and Immigration Services continues to use the “Dates for Filing” chart for employment-based adjustment of status.
The US Department of State has released its January 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.
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 January 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 January 2022 must use the Dates for Filing chart below.
To be eligible to file an EB adjustment application in January 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- |
All Chargeability |
China- |
El Salvador, |
India |
Mexico |
Philippines |
|
1st |
C |
C |
C |
C |
C |
C |
|
2nd |
C |
01APR19 |
C |
08JUL13 |
C |
C |
|
3rd |
C |
01APR18 |
C |
22JAN12 |
C |
C |
|
Other Workers |
C |
01MAY15 |
C |
22JAN12 |
C |
C |
|
4th |
C |
C |
15MAY19 |
C |
C |
C |
The USCIS is again using the Dates for Filing Cutoff Dates chart in January 2022, and, as anticipated, all EB-1 priority date cutoffs remain Current for January 2022. EB-2 China cutoff dates remain April 1, 2019, and EB-2 India cutoff dates remain July 8, 2013. EB-3 China cutoff dates remain April 1, 2018, and EB-3 India cutoff dates remain January 22, 2012. Significant forward movement in any category is not anticipated for some time.
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
Washington, DC
Eric S. Bord
Shannon A. Donnelly
Eleanor Pelta