November 2022 Visa Bulletin

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The U.S. Department of State publishes a Visa Bulletin in the middle of each month that contains information related to current immigrant visa availability for the following month. We explain the importance of the Bulletin and the value of its details in our previous blog post

Overview of the November 2022 Visa Bulletin

In the November 2022 Visa Bulletin, EB-1 remains current for all countries; EB-2 and EB-3 for China and India remain unchanged from the October 2022 Visa Bulletin; EB-2 and EB-3 are current for all other countries.

For November 2022, United States Citizenship and Immigration Services will accept Adjustment of Status applications based on the Dates for Filing Chart.

Final Action Dates

China

  • EB-1 remains current
  • EB-2 remains unchanged with a priority date cut-off of June 8, 2019
  • EB-3 remains unchanged with a priority date cut-off of June 15, 2018

India

  • EB-1 remains current
  • EB-2 remains unchanged with a priority date cut-off of April 1, 2012
  • EB-3 remains unchanged with a priority date cut-off of April 1, 2012

All Other

  • EB-1, EB-2 and EB-3 remain current for all other countries

Dates for Filing

China

  • EB-1 remains current
  • EB-2 remains unchanged with a priority date cut-off of July 8, 2019
  • EB-3 remains unchanged with a priority date cut-off of July 15, 2018

India

  • EB-1 remains current
  • EB-2 remains unchanged with a priority date cut-off of May 1, 2012
  • EB-3 remains unchanged with a priority date cut-off of July 1, 2012

All Other

  • EB-1, EB-2 and EB-3 remain current for all other countries

What Does the November 2022 Visa Bulletin Mean?

The priority date cutoff for EB-3 China is currently approximately one year ahead of EB-2 China. Accordingly, some Chinese-born EB-2 applicants with pending I-485 Adjustment of Status applications may consider submitting an interfiling request to USCIS to downgrade their pending application from EB-2 to EB-3. 

Notably, the November 2022 Visa Bulletin warns that increased demand in EB-2 for the “All Chargeability Areas Except Those Listed” group (excluding India and China) may soon necessitate cut-off dates in that preference category and chargeability area. Any foreign nationals who qualify for EB-2 should ensure that their Form I-140, Immigrant Petition and Form I-485, Application for Adjustment of Status are filed before these potential cut-off dates are introduced in order to enjoy the benefits of concurrent filing.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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