Visa Bulletin

February 2022 Employment-Based Visa Bulletin: China and India EB-2 Cases Advance

The United States State Department has released its February 2022 Visa Bulletin. Applicants should refer to the new final action dates and dates for filing in employment-based categories. United States Citizenship and Immigration Services (USCIS) has not yet announced whether it will use the Final Action dates chart or the Dates for Filing chart to accept adjustment of status applications.

Interview Waivers for Certain Nonimmigrant Visa Applicants

On December 23, 2021, the Department of State announced that it has given consular officers the discretion to waive the in-person interview requirement for H-1, H-3, H-4, L, O, P, and Q visa applicants who have a petition approved by USCIS through to the end of 2022. The Secretary of State also extended the similar interview waiver policies that were previously issued for H-2, F, M and J visa applicants through the end of 2022.

DHS Withdraws Rule That Would Have Replaced H-1B Cap Lottery with Selection Process Based on Wage Level

The United States Department of Homeland Security (DHS) will withdraw the proposed rule Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions. The rule, often referred to as the H-1B Selection Final Rule, was issued on January 8, 2021 and vacated by the US District Court for the Northern District of California. Under the policy, United States Citizenship and Immigration Services (USCIS) would have prioritized higher wage H-1B applicants instead of using a randomized lottery selection process.

Most Employment-Based Cutoff Dates Do Not Change in October 2021 Visa Bulletin, While USCIS to Use Dates for Filing Chart to Accept Adjustment of Status Applications

The United States State Department has released the October 2021 Visa Bulletin. United States Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart to accept employment-based adjustment of status applications. Individuals whose priority dates are before the cutoff date for their employment-based preference category and country may file for adjustment of status.

August 2021 Visa Bulletin for Employment-Based Categories

The August 2021 Visa Bulletin has been released by the State Department. United States Citizenship and Immigration Services (USCIS) also announced that for employment-based categories, it will use the Final Action Dates chart to accept applications for adjustment of status to lawful permanent resident.

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