The Department of State released the August 2022 Visa Bulletin. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications during August. The State Department releases both the Final Action Dates chart and Dates for Filing chart for Employment-Based and Family-Based immigration visas. Once the Department of State releases the visa bulletin, U.S. Citizenship and Immigration Services (USCIS) confirms which chart an Applicant must use to determine when they can file their Adjustment of Status Application (AOS). USCIS confirmed that for August 2022, Applicants must use the Dates for Filing chart for Family-Based filings, and the Final Action Dates chart for Employment-Based filings. Below is a breakdown of the movements in the August 2022 visa bulletin.
Employment-Based Cases
USCIS has confirmed that Employment-Based Applicants must use the Final Action Dates chart to determine if they can file their AOS applications in August.
The Final Action Dates chart has little to no movement in August, except for Indian and Chinese nationals in the EB-3 preference group. The Final Action Date for Indian nationals in the EB-2 category remained at December 1, 2014. For Chinese nationals in the EB-2 category, the Final Action Date also remained unchanged at April 1, 2019. The Final Action dates in the EB-3 Professional/Skilled Workers preference category for both Indian and Chinese nationals advanced by one month to February 15, 2012, and to April 22, 2018, respectively. For all other countries under the EB-2 and EB-3 categories, the dates continue to be current. The EB-1 preference category remains current for all countries, including India and China. The lack of movement in the August 2022 visa bulletin in the EB-2 category shows there may not be any advancement for the rest of the fiscal year. USCIS is focused on clearing the backlog of cases instead of accepting new cases as we are inching closer to the end of the Fiscal year 2022.
There is also little to no movement in the Dates for Filing chart for August 2022. EB-2 China and India remained unchanged at May 1, 2019, and January 1, 2015, respectively. EB-3 for China and India each advanced slightly. The Date for Filing for EB-3 China moved to May 22, 2018, and for EB-3 India, the Date for Filing moved to February 22, 2012.
Family-Based Cases
The Final Action Dates chart for Family-Sponsored AOS Applications remains mostly unchanged in August. However, a visa is no longer immediately available for Spouses and Children of Permanent Residents (F2A category) who are Mexican nationals. Under the F2A category from Mexico, the Final Action Date has retrogressed to April 22, 2019; whereas the rest of the F2A category is listed as current for all countries. For Mexican nationals in all other Family-Based preference categories, there was no movement in August: Unmarried Sons and Daughters of U.S. Citizens (F1 category) remained at March 15, 2000; Unmarried Sons and Daughters (over 21) of Permanent Residents (F2B category) at April 1, 2001; Married Sons and Daughters of U.S. Citizens (F3 category) at October 15, 1997; and Brothers and Sisters of Adult U.S. Citizens at June 1, 2000.
For August 2022, USCIS has confirmed that Family-Based Applicants must use the Dates for Filing chart to determine if they can file their AOS applications. There was little movement in the Dates for Filing chart for August. The Dates for Filing under the F1, F2B, and F3 categories for India, China, and All Chargeability Areas Except Those Listed moved forward slightly. Specifically, the F1 category moved to August 8, 2016; the F2B category to January 1, 2017; and the F3 category to November 8, 2009. The F4 category for China and All Other Chargeability Areas moved to December 15, 2007; while F4 for India remained at February 22, 2006. The F2A category remains current for all countries on the August Dates for Filing chart. Finally, there was no movement in the August Dates for Filing chart in any of the Family-Based categories for Mexico or the Philippines.
If you have questions regarding filing an Adjustment of Status Application or the August Visa Bulletin, please feel free to contact us. We put our extensive experience and expertise to work for you to ensure you get the right advice.
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