By: Navdeep Meamber

Introduction

AILA has received reports that pending EB-2 adjustment of status applications are showing as “retrogressed.”  

On September 6, 2022, United States Citizenship and Immigration Services (USCIS) confirmed that “as of September 6, 2022, there are no visas remaining for applicants from any country of chargeability in EB-1 or EB-2.”

USCIS may continue to accept adjustment of status applications in accordance with the current September 2022 Visa Bulletin. However, USCIS might not be able to approve if visa numbers have reached capacity. Unadjudicated cases will remain in pending status until further visa availability based on the priority date. Such individual who files an adjustments of status application would be able to benefit from AC21 portability and work authorization.

The United States State Department has also released the October 2022 Visa Bulletin. Overall, there is movement in terms of Final Action Dates and Dates for Filing. EB- 2 India retrogresses two years and EB-3 moves slightly forward two months.

october 2022 final action dates:

• • EB-1: All countries remain current.
  • EB-2: China advances to June 8, 2019, and India retrogresses to April 1, 2012. All other countries remain current.
  • EB-3 Professional and Skilled Workers: China advances to June 15, 2018, and India advances to April 1, 2012. All other countries remain current.
  • EB-3 Other Workers: The worldwide cutoff date is June 1, 2020. India advances to April 1, 2012, and China advances to September 1, 2012.
  • EB-4: The final action date for El Salvador, Guatemala, and Honduras advances to March 15, 2018. Mexico advances to September 15, 2020. All other countries remain current.
  • EB-5 Non-Regional (C5, T5): For unreserved visas, the Final Action Date for China retrogresses to March 22, 2015. Similarly, India retrogresses to November 8, 2019. All other countries and categories are current.

october 2022 dates for filing:

• • EB-1:
    • All countries remain current.
  • EB-2:
    • China: July 8, 2019
    • India: May 1, 2012
    • All other countries: Current

• • EB-3 Professional and Skilled Workers:
    • China: July 15, 2018
    • India: July 1, 2012
    • All other countries: Current

• • EB-3 Other Workers:
    • China: November 1, 2015
    • India: July 1, 2012
    • All other countries: September 8, 2022
  • EB-4:
    • El Salvador, Guatemala, and Honduras: April 15, 2018
    • Mexico: October 15, 2020
    • All other countries: Current
  • Certain Religious Workers:
    • El Salvador, Guatemala, and Honduras: April 15, 2018
    • Mexico: October 15, 2020
    • All other countries: Current

• • EB-5:
    • China: January 1, 2016
    • India: December 08, 2019
    • All other countries: Current

conclusion

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