In this blog post, we cover the release of the May Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of May.
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.
Adjustment of Status Filing Chart May 2022
For Family-Sponsored Filings:
Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for May 2022.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for May 2022.
May 2022 Visa Bulletin Final Action Cutoff Dates
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s May 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
- EB-1: All countries, including India and China, will remain current.
- EB-2: India will advance by nearly two months, to September 1, 2013, and China will remain at March 1, 2019. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
- EB-5: Effective immediately, the Non-Regional Center program is current for all countries, including China. The Regional Center program has been reauthorized by recent legislation. EB-5 Regional Center cases chargeable to China and “Unreserved” under the new law are subject to the November 22, 2015, final action date. “Unreserved” Regional Center cases for all other countries and all “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) for all countries are current for final action.
All EB-5 Final Action dates listed in the May Bulletin are effective immediately for the month of April 2022.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 01MAR19 | C | 01SEP13 | C | C |
| 3rd | C | 22MAR18 | C | 15JAN12 | C | C |
| Other Workers | C | 01JUN12 | C | 15JAN12 | C | C |
| 4th | C | C | 01MAY17 | C | 01APR20 | C |
| Certain Religious Workers | C | C | 01MAY17 | C | 01APR20 | C |
| 5th Unreserved (C5, T5, and all others) |
C | C | C | C | C | C |
| 5th Unreserved (I5 and R5) |
C | 22NOV15 | C | C | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C | C |
The May Visa Bulletin warns the public that high number use in the EB-3 Other Workers category may require the establishment of a worldwide Final Action date as early as June 2022, in order to hold number use within the maximum allowed under the FY 2022 annual limit. The State Department notes that it will continue to monitor the situation and make adjustments, as necessary.
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 01APR19 | C | 01DEC14 | C | C |
| 3rd | C | 01APR18 | C | 22JAN12 | C | C |
| Other Workers | C | 01AUG15 | C | 22JAN12 | C | C |
| 4th | C | C | 15JUN17 | C | C | C |
| Certain Religious Workers | C | C | 15JUN17 | C | C | C |
| 5th Unreserved (C5, T5, and all others) |
C | C | C | C | C | C |
| 5th Unreserved (I5 and R5) |
C | 15DEC15 | C | C | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C | C |
Family-Sponsored Categories
According to the Department of State’s May 2022 Visa Bulletin, the following final action cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 01JAN00 | 01MAR12 |
| F2A | C | C | C | C | C |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JAN01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 15SEP97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01JAN00 | 22AUG02 |
- F1 China: December 1, 2014
- F1 India: December 1, 2014
- F1 Mexico: January 1, 2000
- F1 Philippines: March 1, 2012
- F1 World: December 1, 2014
- F2A: Current for all categories
- F2B China: September 22, 2015
- F2B India: September 22, 2015
- F2B Mexico: January 1, 2001
- F2B Philippines: October 22, 2011
- F2B World: September 22, 2015
- F3 China: November 22, 2008
- F3 India: November 22, 2008
- F3 Mexico: September 15, 1997
- F3 Philippines: June 08, 2002
- F3 World: November 22, 2008
- F4 China: March 22, 2007
- F4 India: September 15, 2005
- F4 Mexico: January 1, 2000
- F4 Philippines: August 22, 2002
- F4 Other World: March 22, 2007
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 15MAY16 | 15MAY16 | 15MAY16 | 01MAY01 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 22SEP16 | 22SEP16 | 22SEP16 | 01MAY01 | 01OCT13 |
| F3 | 22AUG09 | 22AUG09 | 22AUG09 | 01MAR01 | 08NOV03 |
| F4 | 01OCT07 | 01OCT07 | 22FEB06 | 01MAR01 | 22APR04 |
- F1 China: May 15, 2016
- F1 India: May 15, 2016
- F1 Mexico: May 1, 2001
- F1 Philippines: April 22, 2015
- F1 World: May 15, 2016
- F2A: Current for all categories
- F2B China, India, World: September 22, 2016
- F2B Mexico: May 01, 2001
- F2B Philippines: October 1, 2013
- F3 China, India, World: August 22, 2009
- F3 Mexico: March 1, 2001
- F3 Philippines: November 8, 2003
- F4 China: October 1, 2007
- F4 India: February 22, 2006
- F4 Mexico: March 01, 2001
- F4 Philippines: April 22, 2004
- F4 World: October 1, 2007
Impact of President Biden’s Rescission of Proclamation 10014 on the Issuance of Immigrant Visas
In February of this year, President Biden made the decision to rescind Presidential Proclamation 10014 and lift the temporary suspension on the issuance of visas for most immigrant and nonimmigrant visa categories, however the operational capacity at U.S. Embassies and Consulates worldwide remains limited due to COVID-19 safety concerns.
The Department of State has said that while some Embassies are prioritizing immigrant visa scheduling for spouses of U.S. Citizens, public health and safety concerns remain paramount. Moreover, U.S. Embassies and Consulates are facing substantial backlogs due to the suspension of most visa operations.
Applicants who were previously subject to the immigrant visa ban under Proclamation 10014 may continue with pre-processing of their applications, however their cases will not be scheduled for an interview until Embassies and Consulates return to routine operational capacity. This will likely take time therefore applicants should expect long delays. Those who were previously refused under the Immigrant Visa ban must wait for further instruction from the U.S. Consulate handling their application.
The Takeaway
Little progress was made in the May 2022 Visa Bulletin, in comparison to last month’s Visa Bulletin. The notable takeaway is that EB-2 India has advanced by almost 2 months. EB-5 Final Action Dates in the May Visa Bulletin are effectively immediately in the month of April, while EB-5 China (Non-Regional Center program) remains current, and EB-5 (Regional Center) is current for all countries except China.
The May Visa Bulletin also provides a disclaimer that the high visa number use in the EB-3 Other Workers category may require DOS to establish a worldwide Final Action date as early as June 2022 to maintain numerical limits within the maximum allowed under the fiscal year 2022 annual limit. On the family-based side, little progression has occurred as Consulates continue to grapple with the ongoing visa backlog caused by the COVID-19 pandemic.
As always we will continue to monitor the Visa Bulletin and report on any changes that may impact you.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- May 2022 Visa Bulletin
- April 2022 Visa Bulletin
- EB-5 Regional Center Program Reauthorized by President Biden
- March 2022 Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- Chats with Charlie YouTube Channel
- Blog Post: Rescission of P.P. 10014
- Blog Post: What is happening with the EB-5 Regional Center Program?
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
- ImmigrationU
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