OCTOBER 2022 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has recently issued the October 2022 Visa Bulletin.  This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A:  Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

 

EB	Worldwide	CHINA	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	08JUN19	01APR12	C
3rd	C	15JUN18	01APR12	C
Other workers	01JUN20	01SEP12	01APR12	01JUN20

Table B: Dates of Filing

The USCIS is using the Table B Dates of Filing chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

There have been reports that India EB1 and EB2 are now “unavailable” through October 1, 2022.  However, there has been no specific announcement from the DOS that visas are unavailable.  USCIS has stated (in court filings) that the USCIS expects retrogression in India EB2 in the coming months due to high demand.

Once visas become unavailable on Chart A, USCIS will be unable to approve any more green card cases (I-485) in those specific categories.  All I-485s will remain pending until the applicable priority date becomes current again on Chart A.  However, while cases are retrogressed, those with a pending I-485 are still eligible for AC21 portability and can renew their I-485-based EAD (work authorization) and Advance Parole (travel authorization).

EB-3 Other Workers, which is the category for occupations that require less than two years of education or experience to perform the job, remains retrogressed but did move forward from May 2019 to June 2020 for Philippines and ROW.