U.S. Department of State Releases December 2022 Visa Bulletin – Publications

LawFlash






November 22, 2022

U.S. Citizenship and Immigration Services will use the December 2022 filing date chart. Due to increased demand, a worldwide deadline for EB-2 final action has been established. China EB-3 will advance three months to September 1, 2018, and India EB-3 will advance one month to August 1, 2012.

The US State Department has released its December 2022 Visa Bulletinoutlining priority deadlines by country that govern the availability of immigrant visas and the flow of adjusting status applications and immigrant consular visa applications and filings and approvals.

What does the December 2022 Visa Bulletin say?

The bulletin includes both a table of visa application filing dates and a table of application final action dates. The first indicates when applicants for immigration can file their applications for adjustment of status or immigrant visa, and the second indicates when adjustment of status or immigrant visa applications can be approved and residency permanent granted.

Each month, United States Citizenship and Immigration Services (USCIS) chooses which chart they will track. For December 2022, USCIS will follow the Table of Filing Dates for Employment-Based (EB) Filings for Adjustment of Status. This means that individuals wishing to file adjustment of status petitions with USCIS in December 2022 should use the filing date table below.

Filing dates Deadlines

To be eligible to file for an EB adjustment in December 2022, a foreign national must have a priority date earlier than the date listed below for their preference category and country. A “C” indicates that the category is common and that applications can be filed regardless of the applicant’s priority date. The indication of a date for any category indicates that only applicants whose priority date is earlier than the date indicated may file their applications.

Use-
based

Any chargeability
Zones except
Those listed

China –
continent
born

El Salvador,
Guatemala,
Honduras

India

Mexico

Philippines

1st

VS

VS

VS

VS

VS

VS

2nd

01DEC22 (was C)

08JUL19

01DEC22 (was C)

01MAY12

01DEC22 (was C)

01DEC22 (was C)

3rd

VS

01SEP18
(was 15JUL18)

VS

01AUG12
(was 01JUL12)

VS

VS

Other workers

08SEP22

01NOV15

08SEP22

01AUG12
(was 01JUL12)

08SEP22

08SEP22

4th

22JUL22(was C)

22JUL22(was C)

15APR18

22JUL22(was C)

15OCT20

22JUL22(was C)

Employment-Based First Preference (EB-1)

All EB-1 priority deadlines remain current (C) as of December. This means that all EB-1 applicants can file their I-485 petitions with USCIS without delay.

Employment-Based Second Preference (EB-2)

USCIS has established priority deadlines in all categories.

The EB-2 deadline for all paid areas; El Salvador, Guatemala and Honduras; Mexico; and the Philippines will be on December 1, 2022. This means that all applicants who are attributable to these areas whose I-485 petitions have not yet been filed and have a priority date before December 1, 2022, can file their petitions I-485 with USCIS.

The EB-2 deadline for China will remain July 8, 2019. This means that Chinese EB-2 applicants whose I-485 petitions have not yet been filed and whose priority date is before July 8, 2019 can file their I-485 petitions with USCIS.

The EB-2 deadline for India will remain May 1, 2012. This means that Indian EB-2 applicants whose I-485 petitions have not yet been filed and whose priority date is before May 1, 2012 can file their I-485 petitions with USCIS.

Third preference based on employment (EB-3)

The EB-3 deadline for China will move forward to September 1, 2018. This means that Chinese EB-3 applicants whose I-485 petitions have not yet been filed and whose priority date is before September 1, 2018 can file their I-485 petitions with USCIS.

The EB-3 deadline for India will move forward one month to August 1, 2012. This means that Indian EB-3 applicants whose I-485 petitions have not yet been filed and whose priority date is prior to August 1, 2012 may file their I-485 petitions with USCIS.

All other EB-3 priority deadlines remain current (C).

Other workers

Other worker deadlines will remain September 8, 2022 for all load zones; El Salvador, Guatemala and Honduras; Mexico; and the Philippines. This means that other worker applicants from these regions whose I-485 petitions have not yet been filed and whose priority date is before September 8, 2022 can file their I-485 petitions with USCIS.

The Other Workers for China deadline will remain November 1, 2015. This means that applicants for Other Chinese Workers whose I-485 petitions have not yet been filed and whose priority date is before November 1, 2015 can file their I-485 petitions. with USCIS.

The Other Worker India deadline will advance to August 1, 2012. This means Indian Other Worker applicants whose I-485 petitions have not yet been filed and whose priority date is before August 1, 2012. 2012 can file their I-485 petitions. with USCIS.

Other Important Developments

The U.S. Department of State has advised that due to increased demand and use of the number in the Employment First category, a final action date may be established in the EB-1 classification in the coming months.

Comments are closed.