May 2022 Employment-Based Visa Bulletin: Most Categories Unchanged, While EB-2 India Advances Slightly

By: Ishan Anand

The US Department of State (DOS) has released the May 2022 Visa Bulletin. Applicants should refer to the new Final Action and Dates for Filing charts in employment-based categories. Most employment-based Final Action dates have not changed for May 2022, while EB-2 India advances two months to September 1, 2013.

United States Citizenship and Immigration Services (UCSIS) will accept employment-based adjustment of status cases using the Dates for Filing chart. Individuals may adjust status if their priority date is before the cutoff date listed for their preference category and nationality on the chart.

The Final Action Dates for May 2022 for employment-based visas are as follows:

• EB-1: All countries remain current for all countries of chargeability.
• EB-2: China remains unchanged at March 1, 2019. India advances to September 1, 2013. All other countries remain 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 remains on June 1, 2012, and India remains on January 15, 2012. All other countries remain current.
• EB-4: El Salvador, Guatemala, and Honduras remain at May 1, 2017. Mexico remains on April 1, 2020. All other countries remain current.
• EB-5 Non-Regional (C5, T5): All countries are current. US consulates have resumed processing the immigrant visas for the approved I-526 Petitions for Regional centers.

The Dates for Filing for May 2022 for employment-based visas are as follows:

• EB-1:
  • All filing dates remain current.
• EB-2:
  • China: April 1, 2019
  • India: December 1, 2014
  • 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: August 1, 2015
  • India: January 22, 2012
  • All other countries: Current
• EB-4:
  • El Salvador, Guatemala, and Honduras: June 15, 2017
  • All other countries: Current
• EB-5:
  • China: December 15, 2015
  • All other countries: Current

EB-5 Regional center 
President Biden reauthorized the EB-5 Regional Center Program on March 15, 2022, as part of the omnibus appropriations bill. The program has been extended through September 30, 2027, and is now in effect. I5 and R5 have been reauthorized as per the Consolidated Appropriations Act 2022. The Department of State resumed processing I5 and R5 visas that were filed with USCIS on or before June 30, 2021. All Final Action Dates and Dates for Filing are current for EB-5 unreserved visas, except China. China has a Final Action Date of November 15, 2022. For reserved and set aside EB-5 visas, all Final Action Dates and Dates for Filing are current.

consular operations 
Consular operations continue to be affected by COVID-19 public health concerns, resulting in visa backlogs and low visa issuance abroad. Applicants who applied for immigrant visas that are no longer affected by the Trump-era immigration bans might see progress in their cases, however delays are unavoidable. Applicants denied immigrant visas due to the ban should expect further instruction from the consulate that is handling their application.

conclusion 
For any questions or assistance adjusting to permanent resident status, contact your trusted Chugh, LLP immigration professional.