THE OCTOBER 2022 VISA BULLETIN RETROGRESSES FOR INDIA IN EB2’s


By: Navdeep Meamber

Introduction

Reports from members have been delivered to AILA regarding the status updates of pending EB-1 and EB-2 adjustment of status applications showing as “retrogressed”.

The United States State Department has released the October 2022 Visa Bulletin. Overall, there is movement in terms of Final Action Dates and Dates for Filing. EB- 2 India retrogresses two years and EB-3 moves slightly forward 3 months.

On September 6, 2022, USCIS verified in a court declaration that “as of September 6, 2022, there are no visas remaining for applicants from any country of chargeability in EB1 or EB2.

USCIS may continue to accept adjustment of status applications in accordance with the current September 2022 Visa Bulletin however, USCIS might not be able to approve if visa numbers have reached capacity. Those pending cases will remain in pending status and be retrogressed until further visa availability based on the priority date. Such individual who files an adjustments of status application would be able to benefit from AC21 portability and work authorization.

october 2022 final action dates:

    • EB-1: All countries remain current.
    • EB-2: China remains on June 8, 2019, and India remains on April 01, 2012. All other countries remain current.
    • EB-3 Professional and Skilled Workers: China remains on June 15, 2018, and India remains on April 01, 2012. All other countries remain current.
    • EB-3 Other Workers: The worldwide cutoff date is unchanged on June 01, 2020. Similarly, India remains on April 01, 2012, and China remains on September 01, 2012.
    • EB-4: The final action date for El Salvador, Guatemala, and Honduras remains on March 15, 2018. Mexico remains on September 15, 2020. All other countries remain current.
    • EB-5 Non-Regional (C5, T5): For unreserved visas, the Final Action Date for China advances to March 22, 2015. Similarly, India remains on November 8, 2019. All other countries and categories are current.

october 2022 dates for filing:

    • EB-1:
      • All countries remain current.
    • EB-2:
      • China: July 8, 2019
      • India: May 01, 2012
      • All other countries: Current
    • EB-3 Professional and Skilled Workers:
      • China: July 15, 2018
      • India: July 01, 2012
      • All other countries: Current
    • EB-3 Other Workers:
      • China: November 01, 2015
      • India: July 01, 2012
    • EB-4:
      • El Salvador, Guatemala, and Honduras: April 15, 2018
      • Mexico: October 15, 2020
      • All other countries: Current
    • Certain Religious Workers:
      • El Salvador, Guatemala, and Honduras: April 15, 2018
    • EB-5:
      • China: January 1, 2016
      • India: December 08, 2019
      • All other countries: Current

conclusion

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

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By: Navdeep Meamber Introduction Reports from members have been delivered to AILA regarding the status updates of pending EB-1 and EB-2 adjustment of status applications showing as “retrogressed”. The United States State Department has released the October 2022 Visa Bulletin. Overall, there is movement in terms of Final Action Dates and Dates for Filing. EB- 2…