The U.S. Department of State (DOS) has released the June 2022 Visa Bulletin.1 U.S. Citizenship and Immigration Services (USCIS) has also confirmed that in June 2022, it will accept employment-based Forms I-485, Applications to Register Permanent Residence or Adjust Status, under the Final Action Dates chart of the Visa Bulletin.2
Why this matters
Each month, the DOS 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. Individuals may be unable to re-enter the U.S. should the Administration unexpectedly adopt additional measures to its travel suspension policies. Furthermore, there may be unforeseen circumstances making it difficult to comply with the present pre-departure requirement of presenting a negative coronavirus test taken within one (1) day before boarding, regardless of vaccination status. Given the fluidity of the circumstances, it may be prudent to remain in the U.S. and avoid international travel where possible
Employment-Based Preference Category Cut-Off Dates
USCIS has announced that in June 2022, it will allow applicants to submit I-485 applications based on the Final Action Dates chart.
The cut-off dates in the employment-based Final Action Dates chart of the June 2022 Visa Bulletin reflect advancement in the EB-2 category for India by one year. In addition, because of the high number use in the EB-3 Other Workers category, the DOS has established final action cut-off dates for this category for all countries.
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, 2014.
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 have a cut-off date of May 8, 2019. 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. The law allows these workers to immigrate or adjust status to permanent resident by that date. 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.4
EB-5: Final Action Dates are current for all countries, except for the C5, T5, I5 and R5 programs under which China is subject to a cut-off of November 22, 2015.
The cut-off dates for the employment-based Dates for Filing chart of the June 2022 are the following:5
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 also remain at 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 remain at 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 June 15, 2017.
The Dates for 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: Dates for Filing are current for all countries, except for the C5, T5, I5 and R5 programs under which China is subject to a cut-off of December 22, 2015.
Contacts
Additional Resources
Footnote
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 May 2022 Visa Bulletin, read GMS Flash Alert 2022-087, April 19, 2022.
4 See USCIS, Special Immigrant Religious Workers | USCIS
5 U.S. Department of State website.
Disclaimer
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