In the October 2022 Visa Bulletin, EB-1 remains current for all countries. EB-2 and EB-3 for China progressed. EB-2 for India regressed, while EB-3 for India progressed since the last visa bulletin.
| FINAL ACTION DATES (Chart A): | DATES FOR FILING (Chart B): |
China:
India:
Others:
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China:
India:
Others:
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PLEASE NOTE: USCIS has indicated they will accept adjustment of status applications pursuant to Dates for Filing (Chart B) for October 2022. For more information, please visit the USCIS website.
Next Steps and Strategies
USCIS has reported that it has used all available, allotted visa numbers for this fiscal year. All I-485, Adjustment of Status (AOS) applications pending with USCIS, where the priority date is no longer current, will continue to process but will not be adjudicated until the Final Action Date becomes current. The Employment Authorization and Advance Parole applications also remain unimpacted and will also continue to process per current processing times. Applications where the priority date remains current, may be approved in the next fiscal year when new visa numbers become available.
We invite you to contact your immigration counsel to inquire about your specific case, including discussions surrounding nonimmigrant status, EAD/AP renewals, travel, etc. Our teams will continue to monitor the priority dates each month.
Looking Forward
As reported in previous issues, EIG expects that EB-1 will continue progressing the same with each visa bulletin. Based on USCIS’s declaration and the October visa bulletin, EB-2 for India retrogressed and we anticipate very limited progression as USCIS works through the already-pending applications. The Dates for Filing progressed in EB-2 China, EB-3 China, and EB-3 India. Individuals who are now current under these categories should contact EIG to begin work on their Adjustment of Status case(s). If you already have an AOS pending with USCIS, it will not be adjudicated until the Final Action date becomes current.
The EIG team closely monitors changes to the monthly visa bulletin and determines the best action plan for each case. We will reach out to individuals whose priority date will be current next month to initiate the next step of the green card process.
For more information about the Visa Bulletin, we’ve summarized and answered frequently asked questions here. We encourage you to read this article to better understand what your priority date means.
The complete Visa Bulletin for October 2022 can be found here.