The Department of State (DOS) has issued its August 2022 Visa Bulletin. The most important takeaways for August are that the priority date for EB-3 China and India moves forward one month, while EB-2 priority dates stayed the same after several months of significant advancement. Final action dates for family-based petitions remain largely the same, except for F-2A nationals of Mexico, which is no longer current. The dates for filing for family-based petitions also largely remain the same, but have some advancements. 

The DOS has not yet resumed its discussions about the monthly 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 date for EB-2 remains the same for nationals of China and India. However, EB-3 dates for India and China both have had a one month advancement from July.

Here’s a chart for ease of reference:

Family-based Movement

Final action dates for all categories largely remain the same as last month, except for F-2A nationals of Mexico, which is no longer current.

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 August 2022, USCIS has confirmed the Final Action Dates chart (above) should be used for employment-based categories. For family-based categories, the Dates for Filing chart, which is below, should be used. 

If the priority date for your 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 August. 

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.