The U.S. Department of State, on November 10, 2022, released the December 2022 visa bulletin. In the latest visa bulletin, there has been further retrogression in the final action dates and the dates for filing for India in the employment-based second preference category. Moreover, a worldwide employment second preference final action and the date for filing have been introduced in the December visa bulletin. Also, per the U.S. Department of State, the estimated employment-based annual limit will be 197,000 for FY-2023. The final action dates and the dates for filing may also be introduced in the upcoming months for the employment first preference category for China and India. In addition, the final action date and dates for filing have been introduced for the employment-based fourth preference category. Except for El Salvador, Guatemala, Honduras, and Mexico, all countries are subject to a final action date of 22JUN2022 and the date of filing of 22JUL22 for the fourth preference category. The final action and dates for filing for the employment-based fifth preference unreserved category for individuals from India and China have remained the same as that of the November 2022 visa bulletin.
1. Final Action Dates for Employment-Based Preference Cases
Employment- |
All Chargeability |
CHINA- |
EL SALVADOR |
INDIA |
MEXICO |
PHILIPPINES |
1st |
C |
C |
C |
C |
C |
C |
2nd |
01NOV22 |
08JUN19 |
01NOV22 |
08OCT11 |
01NOV22 |
01NOV22 |
3rd |
C |
01AUG18 |
C |
15JUN12 |
C |
C |
Other Workers |
01JUN20 |
22JUN13 |
01JUN20 |
15JUN12 |
01JUN20 |
01JUN20 |
4th |
22JUN22 |
22JUN22 |
15MAR18 |
22JUN22 |
15SEP20 |
22JUN22 |
Certain Religious Workers |
22JUN22 |
22JUN22 |
15MAR18 |
22JUN22 |
15SEP20 |
22JUN22 |
5th Unreserved |
C |
22MAR15 |
C |
08NOV19 |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
- C – Means Current.
Please note, there are following Employment Based Green Card Categories:
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.
2. Dates for Filing of Employment Based Visa Applications
For all employment-based preference categories, one must use the Dates for Filing Chart in the Department of State Visa Bulletin for December 2022. (**Per USCIS)
Employment- |
All Chargeability |
CHINA- |
EL SALVADOR |
INDIA |
MEXICO |
PHILIPPINES |
1st |
C |
C |
C |
C |
C |
C |
2nd |
01DEC22 |
08JUL19 |
01DEC22 |
01MAY12 |
01DEC22 |
01DEC22 |
3rd |
C |
01SEP18 |
C |
01AUG12 |
C |
C |
Other Workers |
08SEP22 |
01NOV15 |
08SEP22 |
01AUG12 |
08SEP22 |
08SEP22 |
4th |
22JUL22 |
22JUL22 |
15APR18 |
22JUL22 |
15OCT20 |
22JUL22 |
Certain Religious Workers |
22JUL22 |
22JUL22 |
15APR18 |
22JUL22 |
15OCT20 |
22JUL22 |
5th Unreserved |
C |
01JAN16 |
C |
08DEC19 |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
3. Final Action Dates for Family-Sponsored Preference Cases:
For all family-sponsored preference categories, one must use the Dates for Filing Chart in the Department of State Visa Bulletin for December 2022. (**Per USCIS)
Family- |
All Chargeability |
CHINA-mainland |
INDIA |
MEXICO |
PHILIPPINES |
F1 |
01DEC14 |
01DEC14 |
01DEC14 |
15NOV00 |
01MAR12 |
F2A |
C |
C |
C |
C |
C |
F2B |
22SEP15 |
22SEP15 |
22SEP15 |
01JUN01 |
22OCT11 |
F3 |
22NOV08 |
22NOV08 |
22NOV08 |
01NOV97 |
08JUN02 |
F4 |
22MAR07 |
22MAR07 |
15SEP05 |
01AUG00 |
22AUG02 |
Please note, there are following Family Based Categories:
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:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (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.
4. Dates for Filing Family-Sponsored Visa Applications:
Family- |
All Chargeability |
CHINA- |
INDIA |
MEXICO |
PHILIPPINES |
F1 |
08AUG16 |
08AUG16 |
08AUG16 |
01DEC02 |
22APR15 |
F2A |
C |
C |
C |
C |
C |
F2B |
01JAN17 |
01JAN17 |
01JAN17 |
01JAN02 |
01OCT13 |
F3 |
08NOV09 |
08NOV09 |
08NOV09 |
15JUN01 |
08NOV03 |
F4 |
15DEC07 |
15DEC07 |
22FEB06 |
01APR01 |
22APR04 |
We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.
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