March 2022 Employment-Based Visa Bulletin: EB-2 India Advances Significantly, But Could Retrogress

Practice Areas

By: Gladys Gervacio

The United States State Department has released its March 2022 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 are eligible to adjust status to lawful permanent resident if their priority date is earlier than the Dates for Filing cutoff date for their preference category and nationality.

While the EB-2 visa’s Final Action cutoff date for Indian nationals has advanced by four months to May 1, 2013, this category could retrogress in the future. Similarly, while the EB-5 non-regional center program remains current for Chinese nationals, cutoff dates could be reinstated for this group by April 2022.

The Final Action Dates for employment-based visas are as follows in the March 2022 bulletin:

  • EB-1:All countries remain current.
  • EB-2:China remains on March 1, 2019. India advances four months to May 1, 2013. All other countries remain current.
  • EB-3 Professional and Skilled Workers: China remains on March 22, 2018, and India remains on January 15, 2012. All other countries remain current.
  • EB-3 Other Workers: China advances one month to May 1, 2012, and India remains on January 15, 2012. All other countries remain current.
  • EB-4:El Salvador, Guatemala, and Honduras retrogress nearly two years to May 1, 2017. Mexico remains at April 1, 2020. All other countries are current the EB-4 for Certain Religious Workers is not available.
  • EB-5 Non-Regional (C5, T5): All countries are current.

March 2022 dates for filing

  • EB-1:
    • All filing dates remain current.
  • EB-2:
    • China: April 1, 2019
    • India: September 1, 2013
    • All other countries: Current
  • EB-3 Professional and Skilled Workers:
    • China: April 1, 2018
    • India: January 22, 2012
    • All other countries: Current
  • EB-3 Other Workers:
    • China: July 1, 2015
    • India: January 22, 2012
    • All other countries: Current
  • EB-4:
    • El Salvador, Guatemala, and Honduras: June 1, 2017
    • All other countries: Current
  • EB-5 Non-Regional Center:
    • El Salvador, Guatemala, and Honduras: June 1, 2017
    • All other countries: Current
  • EB-5 Regional Center:
    • China: December 15, 2015
    • All other countries: Current

Eb-5 regional center programs 

The regional center program is not currently available. It was closed on June 30, 2021, and it must be reauthorized by Congress before it can be reinstated.

Consular backlogs 

Delays in consular processing continue due to COVID-19-related backlogs and high application volume. Although Trump’s immigrant ban is no longer in force, individuals impacted by it may still face delays and should wait to receive further instruction from the US consulate that processed their application.

conclusions

For any questions or assistance adjusting to permanent resident status, contact your trusted Chugh, LLP immigration professional.

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