By:  Joy Dungca

INTRODUCTION

The United States State Department has released its February 2022 Visa Bulletin. Applicants should refer to the new final action dates and dates for filing in employment-based categories. United States Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart to accept adjustment of status applications as it did last month. 

The final action cutoff dates for employment-based visas in the February 2022 bulletin are as follows:

• EB-1: All countries are current.
• EB-2: China advances about two months to March 1, 2019. India advances five months to January 1, 2013. All other countries are current.
• EB-3 Professional and Skilled Workers: China remains on March 22, 2018, and India remains on January 15, 2012. All other countries remain current.
• EB-3 Other Workers: China advances to April 1, 2012, and India remains on January 15, 2012. All other countries remain current.
• EB-4: El-Salvador, Guatemala, and Honduras remain on March 15, 2019 and Mexico remains on April 1, 2020. All other countries remain current.
• EB-5 Non-Regional (C5, T5): All countries are current.

FEBRUARY 2022 DATES FOR FILING 

• EB-1:
  • All filing dates remain current.
• EB-2:
  • China: April 1, 2019
  • India: September 1, 2013
  • All other countries: Current
• EB-3 Professional and Skilled Workers:
  • China: April 1, 2018
  • India: January 22, 2012
  • All other countries: Current
• EB-3 Other Workers:
  • China: June 1, 2015
  • India: January 22, 2012
  • All other countries: Current
• EB-4:
  • El Salvador, Guatemala, and Honduras: May 15, 2019
  • All other countries: Current
• EB-5:
  • China: December 15, 2015
  • All other countries: Current

CONSULAR OPERATIONS

Delays in visa processing continue due to COVID-19-related reductions in consular operations and Trump-era immigration ban backlogs. Certain immigrant visa applicants who are no longer subject to the ban may see progress in their case. However, delays are still expected as consular offices are operating with limited staff. Applicants previously rejected or refused due to the ban should wait for the United States consulate that handled the application to send further instructions.

EB-5 REGIONAL CENTER PROGRAM

The EB-5 Regional Center program expired and stopped processing immigrant visas and adjustment of status adjudications on June 30, 2021. It is now listed as “unavailable.” Advocacy groups continue to support the reauthorization of the visa.

CONCLUSION

For any questions or assistance with adjusting to permanent resident status, contact your Chugh, LLP immigration specialist.