In August 2022, the US Citizenship and Immigration Services will use the Final Action chart. China and India EB-3 Final Action cutoff dates will advance by one month, as will India Other Workers cutoff dates. EB-2 and all other Final Action cutoff dates remain unchanged.
The US Department of State has released its August 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 August 2022, the USCIS will follow the Final Action 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 August 2022 must use the Final Action chart below.
To be eligible to file an EB adjustment application in August 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 |
01DEC14 |
C |
C |
|
3rd |
C |
22APR18 |
C |
15FEB12 |
C |
C |
|
Other Workers |
C |
01JUN12 |
08MAY19 |
15FEB12 |
C |
C |
|
4th |
C |
C |
08NOV17 |
C |
01APR20 |
C |
The USCIS is using the Final Action Cutoff Dates chart in August 2022. The EB-3 cutoff date for China will advance by one month to 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 April 22, 2018, can file their I-485 applications with the USCIS.
The EB-3 and Other Workers cutoff date for India will also advance by one month to February 15, 2015. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before February 15, 2015, can file their I-485 applications with the USCIS.
All EB-1 priority date cutoffs remain current (C). EB-2 and all other Final Action cutoff dates remain unchanged.
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