September 2022 Visa Bulletin – EB-5 China Advances, Other Employment-Based Categories Hold Steady

The EB-5 Final Action date for China Unreserved categories will advance one month to December 22, 2015. The remaining Final Action Dates for employment-based categories will remain unchanged from the previous month. On the Dates for Filing chart, EB-5 China will advance more than a week to January 1, 2016, while the remaining employment-based categories will remain unchanged from the previous month. The State Department confirms that the FY 2022 limit for employment-based immigrant visas is 281,507.

A closer look 

According to the State Department’s September Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa will be as follows: 

• EB-1: All countries, including India and China, will remain current.
• EB-2: India and China remain unchanged, at December 1, 2014, and April 1, 2019, respectively. All other countries will remain current.
• EB-3 Professionals and Skilled Workers: India and China will remain unchanged at February 15, 2012, and April 22, 2018, respectively. All other countries will remain current.
• EB-3 Other Workers: The worldwide cutoff date will remain at May 8, 2019. India and China will remain at February 15, 2012, and June 1, 2012, respectively.
• EB-5: The Final Action cutoff date for the EB-5 China Unreserved categories (C5, T5, I5, and R5) will advance by one month to December 22, 2015. EB-5 Final Action dates will remain current for all other countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

On the Dates for Filing chart, EB-5 China Unreserved (C5, T5, I5, and R5) will advance by more than a week to January 1, 2016. The remaining employment-based countries and categories will remain unchanged from last month.

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment of status applications based on the Final Action dates chart or the Dates for Filing chart.

Immigrant visa numerical limitations

As FY 2022 nears its close on September 30, the State Department has provided the immigrant visa numerical limitations for the fiscal year. The agency reports that the FY 2022 worldwide employment-based preference limit is 281,507. Recent previous years’ worldwide employment-based limits were 262,288 (FY 2021) and 156,253 (FY 2020). USCIS has stated that it is attempting to process as many adjustment of status applications as possible in the final weeks of FY 2022 in order to maximize usage of all employment-based immigrant visa numbers.

Final Action Dates for September 2022 

EB-1 
China: Current
India: Current
All other countries: Current                                                                                                     

EB-2  
China: April 1, 2019
India: December 1, 2014
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: April 22, 2018
India: February 15, 2012
All other countries: Current

EB-3 Other Workers  
China: June 1, 2012
India: February 15, 2012
All other countries: May 8, 2019

EB-4
El Salvador, Guatemala, Honduras: November 8, 2017
Mexico: April 1, 2020
All other countries: Current

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: December 22, 2015
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

Dates for Filing for September 2022

EB-1 
China: Current
India: Current
All other countries: Current                                                                                                     

EB-2  
China: May 1, 2019
India: January 1, 2015
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: May 22, 2018
India: February 22, 2012
All other countries: Current

EB-3 Other Workers  
China: August 1, 2015
India: February 22, 2012
All other countries: Current

EB-4
El Salvador, Guatemala, Honduras: December 8, 2017
All other countries: Current

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2016
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries