The U.S. Department of State (DOS) has published the March 2022 Visa Bulletin. The employment-based, second preference (EB2) category for foreign nationals born in India continues to advance, while different categories to a great extent remain stagnant. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A) unless otherwise specified.
Employment-based adjustment of status filings with USCIS
In March, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing chart, as it did last month. To be eligible to file, employer-sponsored foreign nationals should have a priority date that is earlier than the Dates for Filing listed in the March Visa Bulletin 2022.
Possible EB-5 Non-Regional Center and EB-2 India changes as early as April 2022
Also, the Visa Bulletin March 2022 projects that as soon as April 2022, it could be important to establish EB-5 Non-Regional Center Final Action and Dates for Filing cutoffs for China, ending a recent streak of the category staying current for China-mainland born nationals. Relatedly, if there is sufficient demand in the EB-5 category in the coming weeks. EB-2 India might require “corrective action,” meaning a retrogression in that category as well.
March 2022 Visa Bulletin Summary
According to the State Department’s March Visa Bulletin 2022 predictions, Final Action cutoff dates for the issuance of an immigrant visa will be as follows:
Employment-Based, First Preference (EB1) Category
The EB1 category remains current for all countries of chargeability.
Employment-Based, Second Preference (EB2) Category
The cutoff date for EB2 India advances to May 1, 2013. EB2 China’s end date remains unchanged at 1st March 2019. EB2 is current for any remaining nations of chargeability.
Employment-Based, Third Preference (EB3) Category
For the fifth month in a row, there is no development in the EB3 category. The cutoff date for EB3 India remains unchanged at 15th January 2012, while EB3 China still has a 22nd March 2018 cutoff date. The EB3 category remains current for any remaining nations of chargeability.
EB3 Other Workers
Except for China, the end dates for EB3 other workers are the same for every country as its respective EB3 cutoff dates. For China, the cutoff date for EB3 other workers advances to 1st May 2012.
Employment-Based, Fourth Preference (EB4) Category
The EB4 cutoff date for El Salvador, Guatemala, and Honduras retrogresses to 1st May 2017. For EB4 Mexico, the cutoff date remains at 1st April 2020. This category is current for any remaining nations of chargeability.
Note that the EB4 program for certain religious workers is as of now planned to expire on 18th February 2022. If Congress does not extend the program by that date, the EB4 category for certain religious workers will be unavailable.
Employment-Based, Fifth Preference (EB5) Category
For non-regional center cases, all nations, including China, are current. For regional center cases, EB5 is unavailable because the program has expired.
If Congress renews the regional center program, the EB5 China cutoff date for both regional center and non-regional center cases would go back to 22nd November 2015. For any remaining nations, the category would be current.
We will continue to closely monitor and report on development and March 2022 Visa Bulletin predictions related to the monthly visa bulletin.