The U.S. Department of State (DOS) has released the May 2022 Visa Bulletin.1 U.S. Citizenship and Immigration Services (USCIS) has also confirmed that it will accept employment-based Form I-485, Applications to Register Permanent Residence or Adjust Status, next month according to the Visa Bulletin’s “Dates of Filing” chart.2
Why this matters
Each month, the U.S. Department of State releases a Visa Bulletin indicating the availability of statutorily limited visas for prospective immigrants.3 The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 application in each month. In addition, the “Final Action Dates” chart in the applicable Visa Bulletin determines whether a pending Form I-485 or immigrant visa application may be approved.
Employment-Based Preference Category Cut-Off Dates
The cut-off dates in the employment-based Final Action Dates chart of the May 2022 Visa Bulletin reflect advancement in the EB-2 category for India by two months. The Final Action Dates for next month are as follows:
EB-1: All countries of chargeability will remain current.
EB-2: All countries of chargeability except for the People’s Republic of China (“China”) and India will remain current. China’s cut-off date will remain at March 1, 2019, whereas India’s cut-off date will progress to September 1, 2013.
EB-3 Professional and Skilled Workers: All countries of chargeability except China and India remain current. China’s cut-off date will remain at March 22, 2018, and India’s cut-off date will remain at January 15, 2012.
EB-3 Other Workers: All countries of chargeability except China and India will remain current. China’s cut-off date will remain at June 1, 2012, and India’s cut-off date will remain at January 15, 2012.
EB-4: All countries, except El Salvador, Guatemala, Honduras, and Mexico, will remain current. The cut-off for El Salvador, Guatemala, and Honduras will remain at May 1, 2017, and Mexico’s cut-off date will remain at April 1, 2020.
On March 15, 2022, the non-minister special immigrant program under the EB-4 category was extended through September 30, 2022. Non-minister special immigrant religious workers include individuals within a religious vocation or occupation engaged in a professional or non-professional capacity.4 The Final Action Dates for individuals applying under this category are immediately current for all countries, except El Salvador, Guatemala, Honduras, and Mexico, which would be subject to the same Final Action Dates that apply for other EB-4 applicants chargeable to these countries.5
EB-5: Final Action Dates are current for all countries, except for the I5 and R5 Regional Center programs under which China is subject to a cut-off date of November 22, 2015.
USCIS has announced that in May 2022, it will allow applicants to submit I-485 applications based on the Dates for Filing chart. The cut-off dates per the Dates for Filing chart of the May 2022 Visa Bulletin are below.
EB-1: All countries of chargeability will be current.
EB-2: All countries of chargeability except India and China will be current. China’s cut-off date will remain at April 1, 2019, and India’s cut-off date will progress to December 1, 2014.
EB-3 Professionals and Skilled Workers: All countries of chargeability except India and China will be current. China’s cut-off date will remain at April 1, 2018, and India’s cut-off date will remain at January 22, 2012.
EB-3 Other Workers: All countries of chargeability except India and China will remain current. China’s cut-off date will progress to August 1, 2015, and India’s cut-off date will remain at January 22, 2012.
EB-4: All countries of chargeability except El Salvador, Guatemala, and Honduras will remain current. The cut-off date for El Salvador, Guatemala, and Honduras remains at June 15, 2017. The Dates of Filing for certain religious workers also remain current for all countries except El Salvador, Guatemala, and Honduras. The cut-off date for these countries remains at June 15, 2017.
EB-5: The Non-Regional Center program remains current for all countries. The Regional Center program remains current for all countries except for China. The cut-off date for China will remain at December 15, 2015.6
Contacts
Footnotes
1 U.S. Department of State website.
2 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
3 For our prior coverage of the April 2022 Visa Bulletin, read GMS Flash Alert 2022-62, (March 18, 2022).
4 See USCIS, Special Immigrant Religious Workers | USCIS
5 U.S. Department of State website.
6 Ibid.
Disclaimer
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
We respectfully acknowledge that KPMG offices across Turtle Island (North America) are located on the traditional, treaty, and unceded territories of First Nations, Inuit and Métis peoples.
© 2024 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://kpmg.com/governance.