travel.state.gov visa bulletin 2022

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Home » How the Visa Bulletin Works

How the Visa Bulletin Works

Immediate relatives (spouses, parents and unmarried children under age 21 of U.S. citizens) have an unlimited number of immigrant visas (green cards) available. But most other family-based immigrant visas have a wait. The U.S. Department of State publishes a monthly visa bulletin that lets you know when it’s time to claim your green card. Here's how the visa bulletin works:

U.S. Department of State Visa Bulletin Explained

What is the visa bulletin.

The family-based immigration process starts with a U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative , on behalf of a foreign family member. Because the number of intending immigrants generally exceeds the available immigrant visas, there is virtually always a wait for family preference categories. In this situation, the Department of State issues immigrant visas (green cards) in a first-come, first-serve manner for each category.

If you are in a family preference category, it’s important to understand that an approved I-130 petition does not mean you may come to the United States. The approved I-130 petition means that USCIS has confirmed you have a qualifying relationship and you’ve established your place in line for a visa. The visa bulletin tells you when the visa is actually available to use.

In fact, it is the priority date that specifies your specific place in line. You have reached the front of the line when your priority date becomes "current." The U.S. Department of State publishes a monthly visa bulletin that lists the priority dates which have become current. In other words, these are the priority dates that now have an immigrant visa available to be claimed. You must review the U.S. Department of State’s visa bulletin to determine if your immigrant petition is current. When an immigrant petition is current, you can apply for a green card.

To read the visa bulletin, you’ll need to know two things:

Determine Your Priority Date

Where do i find my priority date.

The numerical limit for family preference immigrant visas creates a wait list. The beneficiary’s “place in line” is designated with a priority date. The filing date of the I-130 petition becomes the beneficiary's priority date. When USCIS accepts Form I-130, they will also assign a priority date.

Locating your priority date is fairly easy. Review the I-797 Notice of Action (I-130 Receipt Notice) that USCIS mails after they received Form I-130 for processing. Alternatively, you may use the Approval Notice that USCIS sends after approving the petition. The priority date is in the top section of the document. In the example below, a red circle identifies the priority date.

Determine Your Family Preference Category

What are the visa bulletin categories.

Your family preference category is based on your relationship with the petitioner. Different relationships are given different priority for an immigrant visa. If an I-130 petition was filed on your behalf, the petitioner is either a U.S. citizen or permanent resident family member. Determining your family preference category is fairly easy. View the list below to determine your preference category.

Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens

Spouses and unmarried children (under age 21) of permanent residents

Unmarried adult sons and daughters of permanent residents

Married sons and daughters (any age) of U.S. citizens

Brothers and sisters of adult U.S. citizens

If you don't see your relationship type above, you may be an immediate relative . Immediate relatives include the spouse, parent, or unmarried child (under age 21) of U.S. citizens. There is no annual limit on the number of immigrant visas issued to immediate relatives each year. Thus, there is no wait, and they are not included on the visa bulletin. Immediate relatives can move forward with the application.

Read the Visa Bulletin

Which visa bulletin chart do i use.

Once you know your priority date and your preference category, proceed to the U.S. State Department's website to find the monthly visa bulletin. Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. Find your family preference category and compare your priority date to the date listed. If your priority date comes before the date listed, your immigrant visa is current.

Most people can view the column labeled “All Chargeability Areas Except Those Listed.” But if your country of nationality is China, India, Mexico or Philippines, use the respective column for those dates. Now you know how to read the visa bulletin.

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The first chart is for “final action dates.” An immigrant visa is actually available if a priority date comes before the date listed in this chart.

Sample Chart for Final Action Dates

B. dates for filing family-sponsored visa applications.

This second chart indicates when the intending immigrant can apply for an immigrant visa. Specifically, the applicant may file an adjustment of status application provided that the applicant’s priority date is before the date listed in the visa bulletin’s filing dates chart. If the intending immigrant will be applying through the consular process, the National Visa Center uses this chart to start the process. (They will notify the intending immigrant when to submit an application for an immigrant visa.)

Sample Chart for Filing Dates

When the priority date is current and the I-130 is approved, beneficiaries may generally proceed with the immigrant visa application. Again, individuals in the United States through a lawful entry may be able to adjust status. If eligible, the beneficiary may initiate the application by filing the adjustment of status application package with USCIS. However, any individual outside the United States will need to apply via consular processing. The National Visa Center will contact the beneficiary when they are ready. Learn how to apply.

Visa Bulletin Examples

Do you have examples of how the visa bulletin works, visa retrogression, why is the visa bulletin not moving.

Sometimes the priority dates on a visa bulletin don't change from the previous month. Worse yet, sometimes the dates can actually move the wrong way. This is called visa retrogression.

Generally, the cut-off dates on the visa bulletin move forward in time. But sometimes they go backwards. Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

Where to Check Visa Bulletin

How do i get monthly updates.

Now that you understand how the visa bulletin works, you'll need to monitor it on a regular basis. The U.S. Department of State publishes a monthly bulletin for employment-based and diversity visa categories as well. Book mark the State Department website below.

My priority date is current. What's the next step?

If your I-130 petition is now current, you may apply for permanent residence (green card) in the United States. There are two basic ways to apply for your green card: consular processing or adjustment of status.

If you are currently outside the United States, the only path for immigrating to the U.S. is consular processing. Consular processing refers to the process of applying for an immigrant visa (green card) through the U.S. embassy or consular office in a foreign country. Consular processing is the most common path to obtain a green card.

In fact, the National Visa Center will contact the petitioner and beneficiary shortly before the visa becomes available. They'll ask you to submit the immigrant fee, apply for the immigrant visa, submit Form I-864 (Affidavit of Support), and attend a medical exam. Once they obtained these additional documents, the NVC can transfer your case to the U.S. embassy or consulate for an interview.

If you are currently inside the United States, you may be able to adjust status. Adjustment of status is the term used to describe a change from nonimmigrant status to permanent residence (green card holder). U.S. immigration law allows nonimmigrants to adjust status if the individual lawfully entered the U.S. and meets certain requirements.

Only a very limited group of people can adjust status. The most common scenarios include immediate relatives, individuals who entered with a K-1 visa and married a U.S. citizen, asylees, refugees, or those who arrived on an employment visa (e.g. H-1B) and the employer sponsored them for a green card. All green card applicants that don’t qualify for adjustment of status must use the consular processing path.

Your immigrant visa will be available to claim for one year. Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any foreign national who fails to apply for an immigrant visa within one year of notice of visa availability. The Department of State may reinstate the petition if, within two years of notice of visa availability, the foreign national establishes that the failure to apply was for reasons beyond the their control. Therefore, if you do not respond to notices from the NVC within one year, you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.

Form I-130, Petition for Alien Relative

Use Form I-130 (Petition for Alien Relative) to start the immigration process for a family member. Each year, USCIS rejects or denies thousands of I-130 petitions. Rejections and denials delay the process and can cost you money. Therefore, it's important to get it right.

* Data based on USCIS Forms Data and Lockbox Rejection Data .

How CitizenPath Helps You Prepare the I-130 Petition

How do i prepare form i-130.

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Department of State’s October Visa Bulletin Includes Significant Reduction in EB-2 Visa Availability

The U.S. Department of State (DOS) released its Visa Bulletin for October 2022 . The Visa Bulletin is a monthly DOS publication regarding immigrant visa availability. The Bulletin lists the cut-off dates that govern visa availability and determines which applicants are eligible to file for adjustment of status (final stage of Green Card processing), as well as which applicants are eligible to be granted permanent residency. Since Congress sets limits on the number of immigrant visas that can be issued each year, to adjust status to legal permanent resident, an immigrant visa must be available to the applicant both at the time of filing and at the time of adjudication.  Applicants who have a priority date earlier than the cut-off date published in the most current Visa Bulletin are eligible to apply for permanent residence depending on varying factors.

The October 2022 Visa Bulletin is of particular importance as it includes a significant retrogression in priority dates for the EB-2 visa category for individuals born in India. During FY2022, the DOS issued Visa Bulletins with substantial forward movement in the EB-2 category for Indian nationals in order to utilize a historically higher number of employment-based immigrant visas that became available as a result of unused visa numbers in FY2021. Given the high volume of applications received in FY2022 under the EB-2 category for India, the Department has projected lower visa availability in the EB-2 category for India during FY 2023, resulting in the drastic retrogression in an effort to avoid exceeding the annual numerical limit.

As a result of the retrogression, many Indian nationals will now continue to wait until the Visa Bulletin progresses and their priority date becomes current. As many of these individuals have been waiting for over 10 years, the retrogression is a setback on their long journey to permanent residency.

Many might now be asking what does this mean for those individuals whose priority dates were current and who filed an application for adjustment of status and now, their priority date no longer meets the cutoff date?

For adjustment of status applications filed and pending with USCIS, the officer will review visa availability at the time of adjudication and if an applicant’s priority date no longer meets the cut-off date published in that month’s Visa Bulletin, their case will be held in abeyance until their priority date is once again current and a visa is available.  During this period of abeyance, applicants are eligible to continue to apply for and renew their employment authorization document (EAD) and advance parole (AP) travel document until their case is adjudicated.  USCIS will resume adjudication of cases held in abeyance and finalize processing of visa-retrogressed cases when an applicant’s priority dates become current based on the dates in the current month’s Visa Bulletin. When USCIS resumes adjudication, they will review the file and may request updated information from an applicant in the form of a request for evidence or an interview notice.

As retrogression can lead to lengthy adjudication periods for adjustment of status applications, it is even more crucial for applicants to make sure they keep USCIS informed of their current address. USCIS will send all correspondence to an applicant’s last known address on record and if USCIS is not notified of a change of address, it could jeopardize an applicant’s case in the event they miss important correspondence or deadlines. Non-U.S. citizens must file an AR-11 to report a change of address to the USCIS within 10 days of the change.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.

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The Visa Bulletin: Emerging trends, tips and other information about the State Department’s monthly publication

Written by Ana Delgado Hualde , Garfinkel Immigration Law Clerk and Colleen F. Molner , Esq., Partner, N.C. Board Certified Immigration Law Specialist.

The Department of State (DOS) publishes permanent residence card (green card) or immigrant visa availability in a monthly publication entitled the Visa Bulletin. The Visa Bulletin outlines the availability of immigrant numbers, indicating when immigrant visa and green card applicants are eligible to proceed to the final step of the green card process.

Although in some cases an immigrant visa is required to obtain a green card, the two are not synonymous. It is important to understand this concept and that the final step of the green card process is pursued either by obtaining an immigrant visa at a United States Consulate abroad or by applying for an adjustment of status application through U.S. Citizenship & Immigration Services (USCIS) from within the United States.

Immigrant Visa Processing versus Adjustment of Status

Immigrant visa and adjustment of status (AOS) applications, although both ultimately result in green cards, vary in multiple aspects — the most distinctive of which is that they differ in procedure.

Immigrant visas are issued by a U.S. Consulate abroad inside an applicant’s passport. It grants the holder the ability to travel to the U.S. to then be issued a green card and live in the country permanently. As such, immigrant visas alone do not provide permanent residency status as they require the holder to travel to the U.S. within six months of issuance to establish that permanent residency. After arrival to the U.S. with the immigrant visa, the applicant receives their green card. Whereas an AOS applicant is physically present in the U.S. and, when eligible, files the last step of the green card process from within the U.S. through USCIS.

The Visa Bulletin specifies when immigrant visas are available to potential immigrants based on factors which include individual priority dates, preference categories, as well as countries of chargeability. While applicants within the U.S. adjusting their status to permanent residence do not need an immigrant visa to do so, they still need to have an immigrant visa “space” available to them on the Visa Bulletin.

Specifically, the Visa Bulletin determines when applicants are eligible to file their required documentation to the National Visa Center (if applying for an immigrant visa) or USCIS (if filing to adjust status from within the U.S.) and then appear for an in-person interview, if applicable.

Below is a detailed description, instructions on reading, emerging trends, tips, and other information regarding the Visa Bulletin.

Sections and key terms

The Visa Bulletin is broken down into two distinct sections, which are:

Family-based immigration : These preference categories apply to green card applicants sponsored by a family member. There are only certain familial relationships through which someone may qualify to apply for and receive permanent residency. To further specify, family-based immigration is essentially divided into the two categories of limited and unlimited. There are an unlimited number of immigrant visas for immediate relatives, defined as spouses and unmarried children under 21 years of age of a U.S. citizen and the parent of a U.S. citizen that is at least 21 years of age. Given this unrestricted availability, immediate relatives need not be included in the Visa Bulletin. Other familial relationships have limited immigrant visa availability, as discussed below.

Employment-based immigration : These preference categories apply to foreign nationals who are applying for a green card based on an offer of permanent employment from a U.S. company.

These sections are further broken down into “Preference Categories” as described below.

Preference categories

The Visa Bulletin includes separate preference categories for both family-based and employment-immigration. The specific preference categories follow below:

Family-based preference categories

• F1: Unmarried sons and daughters (21 years of age and older) of U.S. citizens
• F2A: Spouses and children (unmarried and under 21 years of age) of lawful permanent residents
• F2B: Unmarried sons and daughters (21 years of age and older) of lawful permanent residents
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older)

Employment-based preference categories

• EB1: Priority workers, a group that includes foreign nationals with “extraordinary ability in the sciences, arts, education, business or athletics;” professors and/or researchers; and some managers and executives, amongst others.
• EB2: Advanced degree holders, and/or “persons of exceptional ability”
• EB3: This group includes “skilled workers,” those whose jobs are not seasonal and require at least two years of training; “professionals,” whose employment requires at least a bachelor’s degree or a foreign equivalent; and/or “other workers” defined by USCIS as “persons performing unskilled labor requiring less than 2 years training, education, or experience, not of a temporary or seasonal nature.”
• EB4: “Special immigrants,” which include religious workers, U.S. military members, some physicians and more.
• EB5: Category for individuals who invest at least $1 million (or $500,000 if in a high unemployment or rural area) in a new commercial U.S. enterprise and create at least ten full-time jobs for U.S. workers.

Other key terms associated with the Visa bulletin include:

Country of chargeability : The country of chargeability is a foreign national’s nation of origin, which is typically their country of birth. The country of chargeability is one factor the Department of State uses while determining the allocation of green cards. In certain cases, applicants may “charge” their country of birth to a derivative family member, such as from a spouse to spouse or parent to child. This concept is known as “cross-chargeability” and is often an advantageous strategy if the principal’s country of birth, but not the derivative’s, is subject to a long wait based on the Visa Bulletin.

Priority Date : A priority date dictates a prospective immigrant’s place in the green card or immigrant visa line. The priority date is usually the day a petition is filed with United States Citizenship and Immigration Services (USCIS) and/or, for some employment-based categories, the day in which a permanent labor certification application is submitted and accepted by the Department of Labor (DOL).

Final Action Date : A section within the Visa Bulletin which indicates the specific priority dates that are ready and available for green card or immigrant visa approval. The “Final Action Date” segment appears as “Section A” in both the family and employment-based immigration portions of the Visa Bulletin.

“Current:” Refers to when a priority date becomes available in the Visa Bulletin. Foreign Nationals can file an application for Adjustment of Status (AOS) through United States Citizenship and Immigration Services (USCIS), or an immigrant visa application at a U.S. Consulate, when their priority date is current. This is reflected as “C” on the Visa Bulletin.

Visa Bulletin: Details and information

The Visa Bulletin is published monthly on the DOS website and allows foreign nationals to check their place in the green card line. The bulletin establishes priority dates eligible for adjudication.

The demand for green cards is almost universally much greater than the number of cards available by established legislative limits. This results in delays based on priority dates, preference categories and the countries of chargeability.

A green card or immigrant visa is available to an individual when their priority date is earlier than the cut-off date shown for their preference category and country of chargeability in the “Final Action Dates” Chart in the Visa Bulletin.

When the demand for green cards exceeds the supply for a particular preference category and country of chargeability, DOS considers the category and country “oversubscribed” and applies the cut-off date to keep the allocation within the statutory limits.

In addition to the “Final Action Dates” Chart, the DOS publishes a “Dates for Filing” Chart when there are more immigrant visas available for a fiscal year than there are known applicants for such visas.

The “Dates for Filing” Chart represents the earliest dates that green card applicants may apply for a green card, based on the dates that the NVC uses to notify immigrant visa petitioners to begin getting documentarily qualified (submitting documents for approval before an interview can be scheduled). On average, these dates are six to eight months earlier than those in the “Final Action Dates” Chart.

Allowing individuals to submit their applications before their “Date for Filing” results in faster and earlier issuance of EADs and travel permissions, as those benefits start to be given even if an application is pending for longer. Further, in employment-based AOS applications, this earlier filing results in quicker eligibility for American Competitiveness in the 21st Century Act (AC21) portability (meaning they may be eligible to change employers without having to re-start their permanent residence application).

How to read the Visa Bulletin

To read the Visa Bulletin, individuals should:

• Consult with experienced immigration counsel to determine whether they are immigrating via family or employment; their country of chargeability; their priority date; their preference category; and any other relevant information including whether to apply for an Immigrant Visa abroad or adjust status from within the U.S.
• Open the latest version of the publication, which can be found on the State Department website.
• Find the applicable chart on the Visa Bulletin. Family-based categories typically start on page two while employment-based categories begin on page four.
• In the top row, locate the relevant country of chargeability.
• In the left-hand column, locate the applicable preference category (i.e., F1-F4 for family-based immigration or EB1-EB5 for employment-based).
• Scroll across from the applicable preference category until it intersects with the applicable country of chargeability to find the Final Action Date for that month. For instance, in the February 2022 Visa Bulletin, F2B family members from China held a Final Action Date of “22SEP15” while the day for EB2 workers from India was listed as “01JAN13.”

Visa Bulletin: Tips and trends

— The pandemic, coupled with former President Donald Trump’s ban on immigrant visa issuance in April 22, 2020 (revoked by current President Joe Biden on February 24, 2021) caused U.S. Consulates and Embassies to cease normal operations, “dramatically affect(ing) the Department of State’s ability to process immigrant visa applications,” thus causing long delays and increased backlogs. The backlog was more than 2.6 million cases as of July 2021, according to Bloomberg News . While most U.S. Consulates and Embassies have since resumed operations to an extent, these circumstances caused a significant backlog of applications. Practically speaking, this means that the wait time for adjudication through immigrant visa processing and an interview at the U.S. Consulate have become much longer and that even if an immigrant visa applicant’s number is available per the Visa Bulletin, it will be a while before the applicant is scheduled for their interview at the U.S. Consulate and the immigrant visa is issued (at least until the DOS takes additional measures to reduce the backlogs). In fact, the American Immigration Lawyers Association (AILA) recently reported that there are nearly 450,000 applicants waiting for an immigrant visa appointment with only 26,000 applicants scheduled for January 2022.

— The Visa Bulletin is typically published around the 17th of the month prior to the document becoming effective. For example, the February 2022 Visa Bulletin was published on January 13, 2022 and eligible applicants are permitted to file the last steps of the process in February.

— The amount of movement in each Visa Bulletin varies based on a number of factors. There are occasionally big jumps in time when some priority dates become current — this happened in October 2020 — while oftentimes there is very little movement. Foreign Nationals, as well as their experienced immigration counsel, should pay close attention to the Final Action Dates listed in every edition of the Visa Bulletin.

— Foreign Nationals should file their Adjustment of Status and/or immigrant visa applications as soon as their priority dates become “current” in the latest Visa Bulletin. There may be retrogression in later months, which could cause those priority dates to no longer be “current.”

As always, please do not hesitate to contact Garfinkel Immigration Law Firm at 704-442-8000 or via email  with any questions.

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Visa Bulletin For April 2022

Number 64 Volume X Washington, D.C

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A.  STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during  April  for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at  www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by March  10th . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

A.   FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is  earlier  than the final action date listed below.)

B.   DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date  earlier than  the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is  earlier  than the listed date may file their application.

Visit  www.uscis.gov/visabulletininfo  for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First :  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second :  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third :  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth :  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth :  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

A.   FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2022 this reduction will be limited to approximately 150.

B.   DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date  earlier than  the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

Visit  www.uscis.gov/visabulletininfo  for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

B .   DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF APRIL

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  This will result in reduction of the DV-2022 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For  April , immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2022 program ends as of September 30, 2022. DV visas may not be issued to DV-2022 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2022 principals are only entitled to derivative DV status until September 30, 2022. DV visa availability through the very end of FY-2022 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.   THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MAY

For  May , immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

D.   EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES

Statutory authorization under Division O, Title I, Section 104 of the Consolidated Appropriations Act, 2021, for the EB-5 Immigrant Investor Regional Center Program ended on June 30, 2021.  No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for April.

The Consolidated Appropriations Act, 2022, which reauthorizes and reforms the EB-5 Immigrant Investor Regional Center Program, was signed by the President of the United States on March 15, 2022. Certain Regional Center Program aspects of this legislation go into effect 60 days after the date of the enactment of this Act.  More information will be published in coming editions of the Visa Bulletin.

E.   SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY

H.R. 6617, “Further Additional Extending Government Funding Act” extended the Employment Fourth Preference Certain Religious Workers (SR) category until March 11, 2022. Pursuant to the continuing resolution, the non-minister special immigrant program expires on March 11, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight March 10, 2022. Visas issued prior to this date will be issued with an expiration date of March 10, 2022, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight March 10, 2022.

The SR category is listed as “Unavailable” for all countries for April. If there is legislative action extending the category, it will become “Current” effective immediately for all countries except El Salvador, Guatemala, and Honduras, which are subject to a May 1, 2017 final action date, and Mexico, which is subject to an April 1, 2020 final action date. 

F.   AVAILABILITY OF EMPLOYMENT THIRD PREFERENCE “OTHER WORKERS” (EW) NUMBERS

High number use in the Employment Third Preference “Other Workers” (EW) category may necessitate the establishment of a worldwide final action date as early as June to hold number use within the maximum allowed under the Fiscal Year 2022 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

G.   FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Department of State Publication 9514 CA/VO:   March 10, 2022

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United States: Visa Bulletin For December 2022 Includes Many Updates

The Department of State's Visa Bulletin for December 2022 includes a variety of updates:

• The estimated employment-based annual limit will be 197,000 for fiscal year (FY) 2023.
• Establishment of final action dates and application filing dates for China and India will most likely be necessary in the coming months.
• DOS has deemed it necessary to establish a worldwide employment second preference final action and application filing dates effective in December. Except for China and India, all countries are subject to a final action date of 01NOV22 and an application filing date of 01DEC22.
• Fewer additional numbers will be available to India in the employment second preference category than originally estimated when the October and November final action and application filing dates were established. Therefore, further corrective action has been necessary to ensure that the limited supply of visa numbers is allocated by priority date.
• High demand in the employment fourth preference category has necessitated the establishment of a worldwide final action date and application filing date for December. Except for El Salvador, Guatemala, Honduras, and Mexico, all countries are subject to a final action date of 22JUN22 and an application filing date of 22JUL22.
• Higher than expected demand in the employment fourth preference category for El Salvador, Guatemala, and Honduras may necessitate corrective action.
• The Certain Religious Workers (SR) category is set to expire as of December 16, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 15, 2022. Visas issued before that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted into the United States no later than midnight December 15, 2022. If legislative action extends this category, the December dates will be applied for the entire month. If there is no legislative action extending this category, the category will become "Unavailable" effective December 16, 2022.
• Visa Bulletin for December 2022. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-december-2022.html

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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US Visa Bulletin for May 2024: Know the global status of Green Card applicants

T he US Department of State has released the visa bulletin for May 2024. The visa bulletin describes the availability of immigrant numbers in May for ‘Final Action Dates’ and ‘Dates for Filing Applications,’ which indicate when immigrant visa applicants should submit relevant documentary evidence to the National Visa Center.

The fiscal year 2024 maximum for family-sponsored preference immigrants is 226,000. The global total for annual employment-based preference immigrants is at least 140,000. The per-country restriction for preference immigrants is set at 7% of the overall annual family-sponsored and employment-based preference limits, which totals 25,620. The dependent area limit is set at 2%, which equals 7,320.

Individuals wanting to file adjustment of status (AOS) applications with USCIS must refer to the “Final Action Dates” charts to determine when they can do so. When USCIS judges that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, it will publish on its website that applicants should instead use the “Dates for Filing Visa Applications”.

In other words, in order to apply for an AOS application, foreign nationals must have a priority date that is earlier than the date specified under their preference category and country.

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

Consular officers must report documentarily qualified applications for numerically limited visas to the Department of State, whereas USCIS reports applicants seeking adjustment of status. The allocations were made, to the greatest degree practicable, in chronological sequence of reported priority dates for demand received by April 1.

The May 2024 visa bulletin shows a lack of movement in most employment-based categories, as projected by the State Department in the April 2024 visa bulletin.

The dates for the first preference category (EB-1, Priority Workers) are unchanged from the visa bulletin issued in April 2024. For candidates from the rest of the world, excluding India and China, the dates will stay current, allowing them to apply for an immigrant visa or AOS straight away. The EB-1 India program will continue till March 1, 2021. For China, the dates will remain September 1, 2022.

In the second preference category (EB-2, Members of the Professions Holding Advanced Degrees, or Persons of Exceptional Ability category), for India EB-2, the cutoff dates will remain at April 15, 2012. For China, the dates will stay at February 1, 2020. For the rest of the world, the date remains January 15, 2023.

In the third preference category (EB-3, Skilled Workers, Professionals, and Other Workers), the dates for China remain unchanged from the January 2024 visa bulletin on September 1, 2020. For India, the dates remain the same at August 15, 2012. For the rest of the world, the dates also remain at November 22, 2022.

The dates for the fifth and final priority category (EB-5, Investors) remain the same as in the April 2024 visa bulletin. For the EB-5 Unreserved categories (C5, T5, I5, and R5), the dates for India remain December 1, 2020. For China, the date remains December 15, 2015. For the rest of the world, the dates remain valid. Dates for the EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) remain current.

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

24-P-013 Employing Foreign Nationals (April 30, 2024)

When agencies hire non-U.S. citizens, please refer to this document for guidance during the hiring process.  In order to legally work in the United States, individuals must have proof of eligibility to work in the United States.  Before hiring a foreign national, it is critical that the agency obtains a copy of the applicant’s work visa.  Once copies of the required documents are received, then the hiring process can begin.

The State's Section 218 Agreement with the Social Security Administration exempts certain groups of employees from Social Security (OASDI) and Medicare:

https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment#F-1%20Student%20Visa

• F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions.
• After the first academic year, F-1 students may engage in three types of off-campus employment.  These three types below are explained on the U.S. Citizenship and Immigration Services website: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment

The types of:

• Curricular Practical Training (CPT)
• Optional Practical Training (OPT)
• https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/stem-opt-frequently-asked-questions
• Refer to https://www.uscis.gov/newsroom/immigration-relief-in-emergencies-or-unforeseen-circumstances for instructions on what qualifies as a hardship and how to get approval for this hardship exception through the U.S. Citizenship and Immigration Service.
• To work legally in the United States, F1 visa holders need an Employment Authorization Document (EAD) card.  This is the physical proof of work authorization.  Working without permission or outside the scope of the work authorization can result in the revocation of F1 visa status.
• Employee is in the U.S. to teach, study, conduct research, demonstrate special skills or receive on-the-job training
• Examples include, but are not limited to, internships, government or international visitors, physicians, professors, research scholars, secondary education students, short-term scholars, specialists, teachers or trainees. This can also be through the Summer Work and Travel program.
• This category is also designed for full-time college or university students to be able to work as temporary staff during the summer in seasonal positions.
• State of Kansas agencies must not hire anyone with M-1 visa status.  M-1 visa holders are not permitted to work during their studies in the U.S.

If a new hire presents a visa type to agency personnel that is not listed above, the agency should contact [email protected] for further guidance before proceeding with any SHARP entry for the employee.

State agency personnel are responsible for ensuring that employees working under the F-1, J-1 and M-1 visas are exempted from Social Security (OASDI) and Medicare coverage, as appropriate.  Any other visa type will need to be verified by the Department of Administration’s Office of Accounts and Reports.

Adding VISA Information in SHARP

To assist in tracking employees who are working on foreign visas, agencies are now required to utilize the Visa/Permit pages in SHARP.  A job aid has been created and placed on the OAR Website to assist in this setup:

https://admin.ks.gov/offices/accounts-reports/state-agencies/payroll/payroll-procedures-job-aids

Telework Folder > Visa Setup

* Please refer to Informational Circular 05-P-023 for specific information regarding FICA exemptions for other employee types, not related to foreign nationals.

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Affluent Americans are driving US economy and likely delaying need for Fed rate cuts

FILE- In this Feb. 5, 2018, file photo, the seal of the Board of Governors of the United States Federal Reserve System is displayed in the ground at the Marriner S. Eccles Federal Reserve Board Building in Washington. (AP Photo/Andrew Harnik, File)

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WASHINGTON (AP) — Since retiring two years ago, Joan Harris has upped her travel game.

Once or twice a year, she visits her two adult children in different states. She’s planning multiple other trips, including to a science fiction convention in Scotland and a Disney cruise soon after that, along with a trip next year to neolithic sites in Great Britain.

“I really have more money to spend now than when I was working,” said Harris, 64, an engineer who worked 29 years for the federal government and lives in Albuquerque, New Mexico.

Back then, she and her now-ex-husband were paying for their children’s college educations and piling money into savings accounts. Now, she’s splurging a bit and, for the first time, is willing to pay for first-class plane tickets. She plans to fly business class to Scotland and has arranged for a higher-level suite on the cruise.

“I suddenly realized, with my dad getting old and my mom dying, it’s like, ‘No, you can’t take it with you,’ ” she said. “I could become incapacitated to the point where I couldn’t enjoy something like going to Scotland or going on a cruise. So I better do it, right?”

Older Americans like Harris are fueling a sustained boost to the U.S. economy. Benefiting from outsize gains in the stock and housing markets over the past several years, they are accounting for a larger share of consumer spending — the principal driver of economic growth — than ever before.

And much of their spending is going toward higher-priced services like travel, health care and entertainment, putting further upward pressure on those prices — and on inflation. Such spending is relatively immune to the Federal Reserve’s push to slow growth and tame inflation through higher borrowing rates, because it rarely requires borrowing.

Affluent older Americans, if they own government bonds, may even be benefiting from the Fed’s rate hikes. Those hikes have led to higher bond yields, generating more income for those who own such bonds.

The so-called “wealth effect,” whereby rising home and stock values give people confidence to increase their spending, is a big reason why the economy has defied expectations of a sharp slowdown. Its unexpected strength, which is contributing to stickier inflation, has forced a shift in the Fed’s plans .

As recently as March, the Fed’s policymakers had projected that they would cut their benchmark rate three times this year. Since then, though, inflation measures have remained uncomfortably high, partly a consequence of brisk consumer spending . Chair Jerome Powell made clear recently that the Fed isn’t confident enough that inflation is sustainably easing to cut rates.

When the Fed meets this week, it is sure to keep its benchmark rate unchanged at a 23-year high, the result of 11 rate hikes. The Fed’s hikes have forced up borrowing costs across the economy — for everything from home and auto loans to credit cards and business loans.

Even as the Fed has jacked up borrowing costs, stock and home values have kept rising, enlarging the net worth of affluent households. Consider that household wealth grew by an average of 5.5% a year in the decade after the 2008-2009 Great Recession but that since 2018, it’s accelerated to nearly 9%.

Stock prices, as measured by the S&P 500 index, are about 72% higher than they were five years ago. Home values soared 58% from the end of 2018 through 2023, according to the Federal Reserve.

All told, Americans’ wealth has ballooned from $98 trillion at the end of 2018 to $147 trillion five years later. Adjusting for inflation, the gains are less dramatic, but still substantial.

“People have had significant wealth gains in stocks, significant wealth gains in fixed income, significant wealth gains in home prices, significant wealth gains even in crypto,” said Torsten Slok, chief economist at the Apollo Group, an asset manager. “All that adds up to still a very significant tailwind.”

The gains are hardly universal. The wealthiest one-tenth of Americans own two-thirds of all household wealth. Still, wealth for the median household — the midpoint between the richest and poorest — rose 37% from 2019 to 2022, the sharpest rise on record since the 1980s according to the Fed, to $193,000.

Wealth is also disproportionately held by older Americans. People ages 55 and over now own nearly three-quarters of all household wealth, up from 68% in 2010, according to the Fed. In percentage terms since the pandemic, household net worth has also surged for younger households. But because younger adults started from a much lower level, their gains haven’t been anywhere near enough to keep pace with older Americans.

“The baby boomers are the richest retiring generation we’ve ever had,” said Edward Yardeni, president of Yardeni Research. “Not everybody is well-off, but we’ve never had a retiring generation with this much wealth. That’s one of the major reasons why the economy is strong.”

That said, many older Americans face significant financial challenges. One-quarter of Americans over age 50 have no retirement savings, according to a survey by the AARP.

Even so, as the huge baby boom generation has aged and, on average, has accumulated more assets, they have accounted for a rising share of consumer spending. Americans ages 65 or over supplied nearly 22% of consumer spending in 2022, the most recent year for which data is available. That’s the highest such figure on records dating to 1989, up from about 16% in 2010.

One result of the Fed’s higher rates has been a kind of bifurcated economy, by age. Older, wealthier Americans who already own homes and cars have been much less affected by the Fed’s rate hikes. By contrast, younger Americans are enduring a combination of expensive home prices and high mortgage rates, making it much harder to buy a first home.

Harris, for one, sees this divide in her own family: Her home and car are paid off, and higher interest rates have had little effect on her finances. She recently visited a home in her neighborhood that she was surprised to see priced at $500,000. She bought hers, which she thinks could fetch a higher price, for $162,000 in 1991.

Her 25-year-old daughter, Ruby, had a vastly different experience during a recent visit to an open house near her boyfriend’s apartment in the Boston area. An older two-bedroom apartment was on sale for $800,000; it sold within a week.

Ruby considers herself fortunate to have a well-paying job as a materials engineer. But that apartment price still seemed astronomical. She loves the area, especially for its walkability, but doubts she’ll ever be able to afford a house there.

“In the long term, it probably won’t be affordable to stay here,” she said. “Whereas the Midwest is more affordable but won’t have the neighborhoods that I like.”

Economists calculate that while the wealth effect generally has a relatively modest effect on spending, it may be larger now. That’s because retirement-age Americans, who are more likely to spend out of their wealth, constitute a larger proportion of the nation: Americans ages 65 and over make up about 17% of the population, up from 13% in 2010. And people with stock holdings can now easily access their account balances online, increasing their awareness of increases in their net worth.

Research by Michael Brown, an economist at Visa and others has also found that significant stock market wealth typically boosts spending on discretionary items such as restaurants, travel and entertainment — sectors of the economy where spending is surging and inflation remains elevated.

The Conference Board, a business research group, asks Americans in its monthly survey of consumer confidence whether they plan an overseas vacation in the next six months. Slok noted that more than one in five households say they are — a record-high proportion on records dating to 1967.

The cruise provider Royal Caribbean just reported blowout earnings and strong demand, “leading to higher pricing for all our key products,” CEO Jason Liberty told investors. “Customer sentiment remains very positive, bolstered by resilient labor markets, wage growth, stabilizing inflation and record-high household net worth.”

Last week, the Fed’s preferred inflation gauge, excluding volatile food and energy costs, rose 2.8% from a year earlier , a sign that inflation remains sticky. Solid consumer spending, particularly on services, was one key factor. In one measure of services inflation that the Fed watches closely, prices climbed 3.5% from a year earlier, far higher than is consistent with its 2% inflation target.

Update April 12, 2024

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Visa Bulletin For July 2022

Number 67 Volume X Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during July  for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at  www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by June  6th . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

A.   FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First :  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second :  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third :  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth :  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth :  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2022 this reduction will be limited to approximately 150.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

B .   DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JULY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  This will result in reduction of the DV-2022 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For  July , immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2022 program ends as of September 30, 2022. DV visas may not be issued to DV-2022 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2022 principals are only entitled to derivative DV status until September 30, 2022. DV visa availability through the very end of FY-2022 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.   THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN AUGUST

For August , immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

D.   FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Department of State Publication 9514 CA/VO:   June 6, 2022

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