VISA BULLETIN UPDATES
For the month of May 2022, all employment-based first preference (EB-1) categories remain Current in both the Date for Filing and Final Action Dates Charts of the Visa Bulletin. All countries but for China and India likewise remain Current in the second (EB-2) and third (EB-3) preference categories. For India, while EB-3 remains unchanged since we last reported in February, EB-2 has progressed by 8 months in the Final Action Dates Chart to 09/01/2013 and by 15 months in the Dates for Filing Chart to 12/01/2014. For China, the EB-3 “Other Workers” preference category has advanced two months since February to 06/01/12 in the Final Action Dates Chart and to 08/01/2015 in the Dates for Filing Chart, while EB-2 and the remainder of EB-3 remain unchanged since February.
The Department of State has advised that high number use in the EB-3 “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.
For all employment-based preference categories, USCIS has advised that the Dates for Filing Chart must be used in May 2022.
UPDATES ON THE REAUTHORIZATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) I5 AND R5 REGIONAL CENTER VISA CATEGORIES
On March 15, the Consolidated Appropriations Act of 2022, which reauthorizes and reforms the EB-5 Immigrant Investor Regional Center Program, was enacted. Accordingly, the Department of State has resumed processing visa applications based on approved Employment-Based Fifth Preference Regional Center petitions that were filed with USCIS on or before June 30, 2021.
Both Employment-Based (EB) Charts of the Visa Bulletin have been revised to reflect some of the new provisions outlined in the EB-5 Reform and Integrity Act of 2022, including the creation of two pools of visa numbers within the EB-5 category, one which is ‘reserved’ for certain set-aside categories and the other for remaining available ‘unreserved’ numbers.
For the month of May 2022, all EB-5 categories in the EB Final Action Dates Chart are Current for all countries, with the exception of the EB-5 Unreserved (I5 and R5) category for China-mainland born, which is subject to a November 15, 2022 final action date and December 15, 2015 date for filing.
The Department of State has advised that it may become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as June to keep number use within the maximum allowed under the FY-2022 annual limits if sufficient demand materializes.
EMPLOYMENT-BASED FOURTH PREFERENCE (EB-4) EXTENDED THROUGH SEPTEMBER
The Consolidated Appropriations Act of 2022, also extended the Employment-Based Fourth Preference Certain Religious Workers (SR) category until September 30, 2022.