The Department of State (DOS) has issued its January 2022 Visa Bulletin.  The most important takeaways for January are that priority dates for EB-3 India and China have remained the same as the previous month while EB-2 India and China continue to advance.  Family-based priority dates remain the same except for slight advancement for nationals of Mexico across all categories.

With Charlie Oppenheim, Chief of the Visa Control Section, retiring last month, DOS has not scheduled a discussion about the December Visa Bulletin on their YouTube Channel. 

Employment-based Movement

The EB-1 category remains open (“current” or “C” in DOS talk) worldwide, including for Indian and Chinese nationals.  The EB-2 and EB-3 categories also remain open for most nationals except for nationals of China and India. The priority dates for EB-2 have moved forward for Indian and Chinese nationals, while EB-3 dates have remained the same.

Here’s a chart for ease of reference:

Final action dates for nationals of Mexico have moved forward slightly. All other categories remain the same.

By way of reminder, the categories are:

• F-1 category:  unmarried sons and daughters of U.S. citizens

• F2-A category: spouses and children under 21 of lawful permanent residents

• F2-B category: unmarried adult children (over 21) of lawful permanent residents

• F-3 category:  married sons and daughters of U.S. citizens

• F-4 category:  siblings of U.S. citizens

WHAT DATES IN THE VISA BULLETIN SHOULD YOU USE FOR FILING YOUR ADJUSTMENT OF STATUS APPLICATION WITH USCIS?

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, then USCIS will state here that you may use the Dates for Filing Visa Applications chart in the Department of State Visa Bulletin, which usually has dates earlier than the Final Action Dates noted above. Otherwise, USCIS will indicate on its website that you must use the Application Final Action Dates chart (above) to determine when you may file your adjustment of status application in the United States.

For January 2022, USCIS has confirmed the Dates for Filing chart should be used for all employment-based categories.

For family-based categories, USCIS has announced that F2A applicants may file using the Final Action Dates chart (above). Applicants in all other family-sponsored preference categories must use the Dates for Filing chart provided below. 

If the priority date for your employment or family-based category is before the date listed above and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in January. 

The entire visa bulletin is available on the State Department’s website, which includes the diversity visa lottery. 

If you would like more information on how to understand the monthly visa bulletin, please check out our blog post on this topic.

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.