Business Immigration Insights

The State Department has published the January Visa Bulletin.  As the title of this piece indicates, there was some movement in two India categories – under 3 weeks in EB-2 and only 1 week in EB-3 – but we’ll take it.

Below is a summary that includes Final Action Dates and changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re an old hand at the Visa Bulletin, feel free to skip the next paragraph.

The Visa Bulletin is released monthly by the US Department of State (in collaboration with US Citizenship and Immigration Services).  If your priority date (that is, the date you got a place on the waiting list) is earlier than the cutoff date listed in the Bulletin for your nationality and category, that means a visa number is available for you that month.  That, in turn, means you can submit your DS-260 immigrant visa application (if you’re applying at a US embassy abroad) or your I-485 adjustment of status application (if you’re applying with USCIS).  If you already submitted that final step and your category then retrogressed, it means the embassy or USCIS can now approve your application because a visa number is again available.

Now for the January VB –

India continues to make slow progress in most categories:

• EB-1 holds at February 1, 2022
• EB-2 advances 2 months to October 1, 2012
• EB-3 Professionals and EB-3 Other Workers advance 1 month to December 1, 2012

China also made some gains:

• EB-1 freezes at November 8, 2022
• EB-2 advances 1 month to April 22, 2020
• EB-3 Professionals advances 2 months to June 1, 2020
• EB-3 Other Workers stalls at January 1, 2017

All Other Countries also saw incremental progress:

• EB-1 remains current
• EB-2 advances 17 days to April 1, 2023
• EB-3 Professionals advances 16 days to December 1, 2022
• EB-3 Other Workers advances 1 week to December 8, 2020

NOTE 1:  USCIS will accept I-485 applications in January based on the Department of State’s more favorable Dates for Filing chart, which allows from 2 months to 1 year of additional filing time depending on nationality and category. These dates have not moved since December.

• Chinese nationals gain almost 2 months to file in EB‑1; a little over 5 months in EB-2; 5.5 months in EB‑3 Professionals; and 1 year in EB-3 Other Workers.
• Indian nationals gain 2.5 months in EB-1; 3 months in EB-2; and a little over 6 months in EB-3 Professionals and EB-3 Other Workers.
• Nationals of all other countries may file their I-485s in advance of their priority dates being current by 4 months in EB-2; 3 months in EB-3 Professionals; and 5.5 months in EB-3 Other Workers.

NOTE 2:  The Dates for Filing chart applies only to I-485 applications with USCIS.  Immigrant visa applications with US embassies are always based on the Final Action Dates chart.