JANUARY 2022 EMPLOYMENT-BASED VISA BULLETIN FEATURES FORWARD MOVEMENT IN THE EB-2 CATEGORY, OTHER CATEGORIES REMAIN CONSISTENT

By: Jacqueline Valle and Toni Ordona

The United States State Department has released the January 2022 Visa Bulletin. Applicants should refer to the new final action dates and dates for filing in employment-based categories. After an increase in demand resulted in significant regression in November 2021, EB-3 visa cut-off dates remain consistent.

United States Citizenship and Immigration Services will accept adjustment of status applications based on the Dates for Filing chart. Foreign nationals whose priority dates are earlier than the cut-off date listed for their preference category and country may file their applications for adjustment of status beginning in January.

FINAL ACTION DATES CHART

Preference Category	Cut-Off Dates
EB-1	All filing dates remain current.
EB-2	China advances about three weeks to January 22, 2019. India advances to July 8, 2012. All other countries remain current. All other countries: Current
EB-3 Professional and Skilled Workers	China remains on March 22, 2018. India remains on January 15, 2012. All other countries remain current.
EB-3 Other Workers	The cutoff date for China is steady on March 1, 2012. India’s date is unchanged at January 15, 2012. All other countries remain current.
EB-4	El-Salvador, Guatemala, and Honduras remain on March 15, 2019. Mexico remains on April 1, 2020. All other countries remain current.
EB-5 Non-Regional (C5, T5)	All countries are current.

DATES FOR FILING CHART

Preference Category	Cut-Off Dates
EB-1	All filing dates remain current.
EB-2	China: April 1, 2019 India: July 8, 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: May 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-4 Religious Workers	El Salvador, Guatemala, and Honduras: May 15, 2019  All other countries: Current
EB-5 Non-Regional (C5 and T5)	All other countries: Current

CONSULAR OPERATIONS

COVID-19-related visa backlogs, reduced operations, and increased holiday continue to limit the number of visas issued. Trump-era immigration bans have been lifted, resulting in some previously held back immigrant visa applicants advancing. Applicants rejected under an immigrant visa ban may receive further instruction from their local consulate. However, all visa applicants will be impacted by consular office backlogs and delays.

EB-5 REGIONAL CENTER PROGRAM

The EB-5 Regional Center program expired on June 30, 2021. The program concluded adjudications of immigrant visas and adjustments of status on that date. The visa category is now listed as “unavailable.” Discussions regarding the future of the visa program are still ongoing in Congress.

CONCLUSION

For any questions or assistance related to adjusting to legal permanent resident, contact your trusted Chugh, LLP immigration specialist.